Tuesday 18 November 2008

The battle of North Lotts

Liam Carroll's North Quay Investments Ltd lodges an application to the Dublin Docklands Development Authority for a "fast-track" exemption certificate to build a major office development on Dublin's North Wall Quay.

DDDA decides in July 2007 to grant this section 25 certificate.

The decision is based, in part, on a confidential agreement between the DDDA and NQI for the developer to grant a certain strip of land free-of-charge to the docklands authority.

l August 29, 2007

The DDDA issues the certificate for three eight-storey buildings.

l October 9, 2008

The High Court rules that the DDDA acted outside of its powers and breached fair procedures in how it certified the €200m-development. It quashes the "fast-track" certificate.

Mrs Justice Mary Finlay Geoghegan rules that the nature of the confidential agreement between the DDDA and NQI gave rise to "a reasonable apprehension of bias" by the DDDA in reaching its decision.

l October 23, 2008

Rival developer Sean Dunne seeks injunction requiring Carroll, who has spent €83m developing the office block, to tear it down.

Mr Carroll, who cannot apply to the DDDA for retention permission, asks the High Court to rule whether his quashed certificate is "void", or merely "voidable" and, therefore, capable of being validated.

Paul Gallagher, the Attorney General, is asked to review the 1997 DDDA Act and the powers of the authority to ascertain if any amendments are required in light of the High Court ruling.

l November 11, 2008

Liam Carroll applies to Dublin City Council for retention permission to save his office block.

Irish Independent

www.buckplanning.ie

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