The High Court has agreed to hear a challenge to a wide-reaching finding that planning permission is required to change the use of a Dublin hotel into a temporary hostel for homeless accommodation.
The owner of the Paramount Hotel in Temple Bar wants the court to overturn An Bord Pleanála’s decision, which overruled Dublin City Council’s conclusion that the switch from hotel to non-tourist hostel was not a material change of use.
The board held that the “predominant use of the building is no longer for tourist accommodation”. It also said the provision of accommodation for homeless people provides for a “social need” and therefore constitutes “care”, as defined in the 2001 Planning and Development Regulations.
The hotel’s manager, Mark Cullen, said the decision is of “very serious concern” to the business.
The case, brought by hotel owner Ampbay Limited, alleges An Bord Pleanála misinterpreted the meaning of “care” within the 2001 regulations and incorrectly concluded the building would no longer be a “business premises”.
The board also “misconstrued” the notion of “hotel”, took into account irrelevant matters and failed to give adequate reasons for considering there had been a material change of use as the predominant use of the building is no longer for tourist accommodation, Ampbay alleges. It also claims the board misunderstood parts of Dublin City Council’s development plan.
The case came before Ms Justice Emily Farrell this week, when Stephen Dodd SC, instructed by solicitor Eoin Brady of FP Logue, secured permission to proceed with the judicial review challenge.
The judge allowed another hotel provider, Taronead Unlimited Company, to bring an application to join the case as a notice party. Niall Handy SC, for Taronead, said his client’s accommodation business has an interest in the legal issues in the case.
The case returns to court on February 17th, when An Bord Pleanála will have its first opportunity to respond to the claims made.
In its decision related to the Paramount Hotel, the planning appeals board went against the advice of its own planning inspector whose report cited the building owner’s view that “no change of use has occurred aside from the socio-economic class associated with the inhabitants occupying the hotel bedrooms”.
The board said a hotel or hostel, other than a hostel where care is provided, amounts to a “business premises” as defined by the 2001 Regulations but the use of the building for short-term homeless accommodation does not meet the definition.
The move to change the permitted hotel to short-term homeless accommodation “raises planning considerations which are materially different from the planning considerations relating to permitted hotel use”, it said.
The matter had been referred to the board by Old City Management Company, which manages a nearby apartment building.
- Sign up for push alerts and have the best news, analysis and comment delivered directly to your phone
- Join The Irish Times on WhatsApp and stay up to date
- Listen to our Inside Politics podcast for the best political chat and analysis
