A DEVELOPER WHO paid out €3.22m in “exceptional planning costs” in settling High Court judicial review proceedings taken by local residents over a contentious apartment proposal can now proceed with constructing the stalled 481-unit apartment scheme.

This follows Dún Laoghaire-Rathdown County Council granting a four-year planning extension to Aidan Gallagher’s Bowbeck DAC to allow the firm commence construction on the project for Golf Lane, Carrickmines in Dublin 18.

The Golf Lane scheme comprises seven apartment blocks with one “landmark” building reaching to 22 storeys in height and the five-year planning permission first obtained by Bowbeck DAC in 2021 was due to expire on 19 April.

However, the council has now extended the permission by more than four years to 21 August 2030 after stating that Bowbeck DAC has confirmed that it is aiming to complete works by May 2028 and before May 2030 at the latest.

The planner’s report in the case recommending the extension of planning permission stated that the council is satisfied that the development will be completed within a reasonable timeframe.

In July 2022, Gallagher’s Bowbeck DAC entered a confidential High Court settlement with local residents opposed to the scheme that cost the company €3.22m.

The €3.22m “exceptional planning costs” appears in Bowbeck DAC’s 2022/23 accounts “in settlement of the planning permission judicial review court proceedings in relation to the development site”.

In 2024, the Sunday Independent reported as part of the €3.22m cost that Bowbeck paid a cheque of €75,000 each – €3m in total – to 40 households in the area and in return the objectors agreed to drop their opposition to the scheme though they would be free to object again if the current five-year planning permission lapses.

In a cover letter lodged with the council concerning the extension application, Gallagher explained why construction did not start on the permitted scheme.

In the letter, Gallagher said that increased interest rates and a much more increased development cost brought about by unprecedented construction inflation in 2023/24 made the development subsequently unviable “and therefore we were not able to obtain development finance, both in the local Irish market and internationally”.

Gallagher told the council that “the recent measures introduced by Government, in coordination with local authorities under the Housing For All initiative, have allowed us to re-evaluate the project in recent months.

He says that “we are now actively engaged with large-scale developers and funders in order to deliver the permitted development in a timely manner”.

Gallagher stated that delivery of the project was delayed by the High Court judicial review proceedings and economic factors and “should the local authority grant a three year extension, we confirm that we will be in a position to commence works on site in Summer 2026 with completion of the development by the end of 2028.”

In a recent interview, Gallagher said he was confident that he will be able to secure funding for the project.

He said: “Funding is available for viable projects, particularly where there is planning certainty.With an extension in place, this becomes a deliverable scheme within a defined timeframe. The key variable now is planning continuity.”

He said that the homes remain critically needed and that the Council has already determined that the site is suitable for residential development.

Gallagher said that the site was acquired in February 2017 and plans for the site have been before An Coimiúsín Pleanála twice and the High Court.