THE DEMOLITION of the Clarence Hotel in Dublin and its rebuilding for a new design could go against both local guidelines and Government legislation, an An Bord Pleanála hearing into the development has heard.
Existing legislation allows for the demolition of protected structures in what it describes as exceptional circumstances.
Kieran Rose, senior planner with Dublin City Council, which has granted planning permission, said: "The exceptional and particular circumstances in this case relate to the need to retain or enhance the special interest value of the structures [ ie the hotel use], the excellence of the proposed development in terms of architecture and uses, the contribution to the city on a strategic level, including the quays, and at a local level in terms of Temple Bar."
But in its oral submission to the hearing, the Department of the Environment, Local Government and Heritage said it did not believe the scheme was of such architectural merit as to meet the exceptional circumstances stipulation laid down by the legislation.
The hotel's owners, who include U2's Bono and the Edge, said the Clarence has suffered financial difficulty in recent years, and redevelopment was necessary to sustain it.
The hearing continues.