A SOUTH Dublin couple have claimed before the High Court that construction works that will result in the heightening of the roof of a neighbouring property constitutes an unauthorised development and will result in their home being dwarfed by a taller building.
Dominic and Kay Madden, Sandford Road, Ranelagh, say they are concerned ongoing building work will have a serious impact their family home, where they have lived for 20 years, and the streetscape.
The claim that there has been any unauthorised development carried out is denied.
The Maddens have brought proceedings against the owners of the house on Sandford Road: Elma Kinane and Grellan O’Kelly, Moyne Road, Ranelagh; Tony Mullen Architects, Marine Terrace, Dún Laoghaire, and builder Derek O’Hagen of D O’Hagen Construction, The Poplars, Monkstown Valley, Co Dublin.
The Maddens argue that the current development is not in compliance with the planning permission and are seeking orders prohibiting the construction and development at the neighbouring property. they want it restored to its prior condition. They are also seeking orders prohibiting the respondents from taking steps to carry out the development, including the completion of construction of the premises such that its roof profile differs to that of neighbouring houses on either side.
Mr Justice Bryan McMahon was informed yesterday that undertakings given by Mr O’Kelly and Ms Kinane were acceptable to all the parties, and the matter could be adjourned until later this month.