The developer of the old Carlton Cinema and buildings to the rear of it on Dublin’s O’Connell Street is seeking to bring a High Court challenge over a decision to put protection status on six buildings it wants to demolish or partly demolish.
Last November, Dublin City Council decided certain buildings, as well as walls of other buildings, in Moore Street, Moore Lane and Henry Place should be included on the record of protected structures (RPS) which became part of the 2022-2028 Dublin City Development Plan.
Councillors decided in June 2020 that the buildings should go on the RPS because the redevelopment plan for the site includes these buildings that are associated with the 1916 Rebellion battlefield site.
UK property group Hammerson, which controls the 5.5-acre site extending over three urban blocks, is awaiting decisions on five separate planning applications in relation to the redevelopment project.
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On Monday, Dublin Central GP Ltd, a subsidiary of Hammerson, which also owns the Dundrum Town Centre, asked the High Court for permission to have the council’s RPS decision judicially reviewed. The application was made with only the Dublin Central GP firm represented.
Order to quash
Mr Justice Charles Meenan directed the application be brought in the presence of representatives of the council and adjourned it to next month. He noted the case needs “substantial” legal grounds to secure leave of the court to proceed.
In its action, Dublin Central GP seeks an order quashing the RPS decision on grounds including that it was invalid, unlawful, irrational and/or unreasonable.
It is claimed, among other things, that the council failed to exercise its discretion under the Planning Acts in circumstances giving rise to a reasonable apprehension of bias and/or pre-judgment and/or predetermination.
It says the 11 councillors who put forward the RPS motion last June had formed a fixed or inflexible view in the matter.
In an affidavit, Hammerson development manager, Ed Dobbs, said a substantial investment has been made in the redevelopment project.