Tuesday, 11 December 2007

Dunne in legal challenge to Dublin docklands development

Property developer Seán Dunne has brought legal proceedings challenging a decision by the Dublin Docklands Development Authority that a €200 million development on Dublin's north quays, which surrounds on three sides development lands owned by Mr Dunne, is exempted development.

Mr Dunne claims the development is unauthorised and that the docklands authority was wrong to conclude it was an exempted development and so did not require planning permission.

He claims a certificate of exempted development was invalid and unlawfully issued because the proposed development did not comply with the objective of the Docklands North Lotts planning scheme, including the objective of providing an east-west route between New Wapping Street and Castleforbes Road.

The height and design of the development are also inconsistent with the planning scheme, Mr Dunne claims. A "monolithic" eight-storey apartment block proposed to the immediate eastern boundary of his property has no regard for planning issues, he claims.

Mr Justice Peter Kelly yesterday admitted to the Commercial Court list two related sets of proceedings arising from the decision of the docks authority of July 13th last that a proposed development by Liam Carroll's North Quay Investments Ltd, at a site bounded by North Wall Quay, New Wapping Street, Mayor Street and Castleforbes Road, Dublin, was exempted development.

The action has been taken by Mr Dunne and North Wall Property Holding Company Ltd, with registered offices in the Isle of Man, against the docks authority and North Quay Investments.

Garrett Simons, for Mr Dunne and North Wall Properties, said the development is proceeding and his side was anxious for an early hearing date.

In a second set of proceedings brought under Section 160 of the Planning and Development Act 1960, Mr Dunne and North Wall Properties are seeking orders restraining alleged unauthorised works on the site of the disputed development and also want an order requiring restoration of the lands.

According to court documents, development has already begun on the site, with €15 million spent to date by North Quay Investment, which has expressed concern that the uncertainty caused by the proceedings had the potential to have serious adverse economic consequences for it.

Mr Justice Kelly fixed the judicial review case for hearing on January 22nd.

Mary Carolan
The Irish Times


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