A company controlled by the businessman Mr Dermot Desmond has secured leave from the High Court to challenge An Bord Pleanála's refusal of planning permission for the retention of a dumb-waiter and an electrical installation at the former home of the fashion designer Sybil Connolly in Merrion Square, Dublin.
In the meantime, the court said that An Bord Pleanála may continue to process the company's appeal against the refusal of permission and that the board should be given additional documents by the company not later than December 30th.
Illium Properties Ltd yesterday secured leave from Mr Justice Smyth to bring judicial review proceedings against An Bord Pleanála's refusal of planning permission for the retention of the items at No 71 Merrion Square.
The house, which was bought by Illium and is a protected structure/listed building, was built in the 1790s.
An Bord Pleanála's decision, issued in March 2003, allowed for certain refurbishments at the building going ahead, but stated that the dumb-waiter and an electrical riser should be omitted.
The company is challenging that decision.
Last week Mr Justice Smyth visited the house to see the situation, having earlier heard submissions from lawyers for both sides. In a reserved judgment yesterday, he granted leave to the company to bring a judicial review challenge, but put a stay on his order until February 15th next.
The company is in the meantime to supply An Bord Pleanála with certain documentation relating to the application, and the board is to be given an opportunity to continue dealing with the appeal.
In its forthcoming action, Illium will claim that An Bord Pleanála misinterpreted the law relating to protected structures and misapplied the law in the case.