Tom Maughan and his wife Victoria cited environmental impact grounds in High Court challenge to Amberfield Homes development
US investment firm that is a major player in Irish residential property. Image/Getty
A senior partner at Bain Capital, a US investment firm that is a major player in Irish residential property, has lodged a judicial review challenge in the High Court against a proposed residential development.
Tom Maughan, a senior executive at the firm, and his wife Victoria, a pilates instructor, are challenging a decision by An Bord Pleanála (now called An Coimisiún Pleanála) to give the go-ahead for 48 residential units proposed by developer Amberfield Homes Ltd close to their home at at Brighton Road in Foxrock.
The development is made up of 38 apartments and 10 houses of up to five storeys and will include a social and affordable element. The pair have also named the Attorney General and the Minister for Housing as respondents in their legal action.
US investment firm that is a major player in Irish residential property. Image/Getty
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Maughan has served as director of a large number of investment vehicles at Bain.
One of those subsidiaries, Harley Issuer DAC, where he was a director until last September, was granted planning permission by Dublin City Council earlier this month for 439 student bed spaces at the former Paper Mills site in nearby Clonskeagh. That plan has been opposed by River Dodder anglers and local residents.
Bain Capital declined to comment when contacted but a source said the Maughan’s action “is being taken in a personal capacity and doesn’t relate in any way to Bain”.
Amberfield is led by former managing director of security firm GSLS, Chris Clinch, who currently sits on the advisory board of Cardinal Capital. Clinch expressed his frustration at the move, which he claimed would delay the development by “at a minimum” a year and a half and drive up the eventual price of the homes.
“One developer does not do this to another developer,” said Clinch. “We believe it is an unnecessary delay. This is a great development and we have been strongly supported by Dún Laoghaire-Rathdown council. In order for us to reach the required density on the site this is the only way the plan works.
“It is hard enough to get through the council and the Board and then after doing everything right to be faced with judicial review is shocking.”
In an affidavit the Maughans argued that the planning board and the Government had failed to fulfil obligations set out in EU directives regarding the conservation of wild birds and natural habitats in respect of special areas of protection and conservation in Dublin Bay, the Tolka Estuary and in a conservation zone between Rockabill, off the coast of Skerries, and Dalkey Island.
Maughan did not respond to a specific query as to whether he was concerned the issues he had identified in his court application regarding conservation areas in Dublin Bay could similarly also be of concern in many other construction and residential projects in the Dublin area.
The Maughans have also raised further concerns around the impact on archaeological heritage and a lack of provision of public space. They also took issue with the board’s description of the Foxrock site as “an accessible location” arguing that the board had ignored evidence the couple had submitted that the Luas — which is 800 metres away — was “at capacity”.