The company says there was also a new specific development objective inserted into the draft plan which subjects part of its lands to a prospective masterplan, which must comply with EU environmental impact assessment requirements.
In legal documents, the development company and its director John Deane set out the site’s long planning history. Subsequent planning approval was granted by the council in January of this year for seven homes to be built in the first of three development phases. Ruden Homes says designs were being finalised for the development of 52 dwellings in the second phase.
In an action against Waterford City and County Council, Ruden Homes and Mr Deane allege the council proceeded to adopt the plan in June without considering the developer’s submissions on the draft. This move was made contrary to fair procedures and to natural and/or constitutional justice, it claims.
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