DUBLIN CITY Council has obtained permission from the High Court to bring proceedings against a construction company and one of its directors over alleged breaches of orders preventing the use of an apartment complex’s underground car park until fire safety improvements were made.
Yesterday at the High Court, lawyers for the council informed Ms Justice Mary Laffoy that the terms of the injunction against the complex’s owners, and main contractors, McGinley Construction, The Hollands, Lifford, Co Donegal, and a director of the firm, Hugh McGinley, the Haw, Lifford, were not being complied with.
Earlier this month, the council obtained an injunction, pending the full hearing of the action, prohibiting the use of the basement car park at the complex that consists of 73 apartments in blocks of four and five floors as well as unoccupied retail units and a creche at 55-58 East Road, Dublin 3.
Mr Justice Bryan McMahon, who had no hesitation in granting the injunction, also ruled the order was to remain until a number of specific measures take place.
These include the carrying out of works to ensure compliance with fire safety notices and that certificates of compliance from a registered engineer or architect were furnished to the Fire Authority.
The injunction was granted after a senior fire prevention officer with Dublin Fire Brigade expressed his fears that, in the event of a fire in the basement, there was “a serious and immediate risk to the lives” of the dozens of occupants residing in the apartments above unless certain works were complied with.
Yesterday, James Connolly SC, for the council, said that the injunction was originally sought by his clients to prevent the use of the basement for car parking and storing rubbish due to safety concerns.
Mr Connolly said those concerns were “being ignored” and the terms of the injunction were not being complied with. Ms Justice Laffoy made the matter returnable before the High Court next week.