The high-rise development, by Sean Dunne, has become the subject of a Bord Pleanala enquiry, which has been told the eventual decision was baffling.
Barrister Colm MacEochaidh, who is representing opponents to the recommendations, said: "There is no statutory basis for a split decision and the board must not repeat the error of the planning authority. You cannot grant and refuse permission."
Much of Mr Dunne's mixed used development for Jurys/Berkeley Court site in Dublin 4 has received permission from the city council; however, the 37-storey skyscraper plans have proved the most contentious.
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Planners rejected this part of the project.
Mr MacEochaidh described this decision as "incoherent".
"You can put conditions if there is an element you want altered but to use the power to grant and refuse permission in a manner such as this leads to poor planning results and it is not contemplated by the legislation," he argued.
"And the incoherence of it was made evident by the submission of Mr Raysse (Ulrik Raysee, concept architect for the project) who said each of the buildings were like chapters in a book. He said it was coherent as a whole. It is clear it makes no sense (when only part of it is given permission)," added Mr MacEochaidh.
However, most of the scheme was uncertain, according to city councillor Mary Freehill.
Ms Freehill said the council's local area committee objected to the majority of the plans for Ballsbridge, during initial discussion.
She said proposals "did not comply with the development plan".
Ms Freehill also raised concerns over the capabilities of the Rathmines/Pembroke drainage system, should it be subjected to such a large-scale project.
Planning permission was originally granted for a hotel, shopping centre, culture centre, embassy building, 18-storey block, a crèche and 294 apartments.
A record number of people lodged appeals against the council's decision - 127 in total.
Ninety supported the project, with the remainder opposed to it.
Another 84 parties have made submissions.
The five day hearing continues.
(PR/JM)
