A High Court challenge over Dublin City Council's plans to turn a former guest house in Clontarf into accommodation for homeless families has been struck out.
The case concerned a property at 19-20 St Lawrence Road, Clontarf, known as Aisling House, which was acquired for almost €2 million by a housing agency on behalf of the council. The council plans to turn the Victorian-era redbrick terraced buildings into a "homeless hub" for families.
The challenge to the council's proposal was brought by Aidan Hickey, an artist who has lived at an adjoining property on St Lawrence Road.
He claimed the redevelopment of Aisling House amounted to unauthorised development and no public consultation process was undertaken. Last month he secured permission to bring proceedings against the council over works at the property.
When the case was briefly mentioned before Judge Charles Meenan on Thursday, Arthur Cush BL, for Mr Hickey, said the matter could be struck out. The judge made that order.
Claims
In his action, Mr Hickey claimed the council had, on August 2nd last, after local residents threatened to bring legal proceedings over the development, made an order under Section 179 of the Planning and Development Act allowing repair and renewal works proceed at Aisling House.
That order was made after the council deemed the works necessary for dealing urgently with a situation the council deemed an emergency.
Mr Hickey claimed the works being carried out on the character of what is a protected structure were far more extensive than just repair or renewal works.
He claimed the order was flawed and represented a retrospective attempt, months after works had started, to counter the threat of proceedings by local residents.
He claimed the development being undertaken also amounted to a material contravention of the Dublin City Development Plan.