High Court lifts injunction on controversial city park

An injunction preventing a park in Dublin city from being used as a car park has been lifted by the High Court after the owner…

An injunction preventing a park in Dublin city from being used as a car park has been lifted by the High Court after the owner of the land agreed not to use it for that purpose.

Noel O'Gara was restrained last week from using Dartmouth Square park as either a commercial car park or as a free car park.

Mr O'Gara claims to own the park, which he acquired after the lease expired some years ago.

The park came to public attention last January when local residents, who believed it was a public park, found that the gates had been padlocked. Dublin City Council received a letter from Mr O'Gara at around the same time, claiming he owned the freehold.

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Residents removed the chains from the gates, but they were replaced by Mr O'Gara within days.

The council subsequently reopened the park and entered into negotiations with Mr O'Gara on making the space available to the public again.

The talks were unsuccessful and the council placed a Compulsory Purchase Order (CPO) on the land in February

Mr O'Gara claims his company, Athlone-based Marble and Granite Tiles Ltd, had purchased the park late last year "for a bargain price" from Patrick Darley.

Last week, he had advertised car parking in the two-acre green site for €10 a day and, when told he could not do this, he advertised to the public by way of a finger post sign that they could park on his property free of charge.

Dublin City Council had told the court that planning permission was required for a material change of use of the park and that this had not been sought or obtained by Mr O'Gara and his company.

Counsel for the local authority today told the High Court that it wished to retain the park as a public amenity.

The injunction restraining all car parking, apart from only two cars which must be owned by O'Gara or his company, was lifted when he gave an undertaking not to allow further car parking in the park.

The hearing was adjourned for a week to allow further talks between Mr O'Gara and the council.