An order preventing further demolition of buildings dating from around 1800 at the site of a hotel and office development in central Dublin was issued by the High Court yesterday.
The injunction was granted to Lancefort Ltd, stated to be conservationists, by Mrs Justice McGuinness after she was told demolition had begun of the Wide Streets Commissioners buildings at Westmoreland Street. The order, returnable until tomorrow, directs Treasury Holdings Ltd, its servants or agents, to cease all work, development or demolition on the site bounded by College Street, Westmoreland Street and Fleet Street. An Bord Pleanala's decision to grant planning permission for the development has been challenged in judicial review proceedings taken by Lancefort in the High Court last November. Judgment was reserved, and Mrs Justice McGuinness yesterday indicated she will deliver her decision in about three weeks.
In an affidavit read to the court, Mr Michael Smith, a director of Lancefort Ltd, with an address at Upper Ormond Quay, said he had contacted Dublin Corporation on December 24th and was informed that Allied Irish Banks plc had issued a commencement notice indicating that development on the site would begin within 21 days of the notice.
He said a hoarding was erected around the site on December 26th. Development of the hotel scheme began on December 30th. Such development was unauthorised, as compliance material requiring the agreement of the planning authority had not been agreed. It was also a condition of the planning permission that £200,000 be paid before development began, and that had not been paid.
Mr Smith said the High Court refused an application made on January 8th to restrain certain works as the court was satisfied the works were preparatory.
He said that on February 3rd Dublin Corporation issued an order indicating that the conditions of the hotel permission had been met. Part of that order sought to change the conditions of the Bord Pleanala permission for the development by requiring payment of the £200,000 on a phased basis rather than before development. That order exceeded the Corporation's powers, Mr Smith submitted.
He said he visited the site on a number of occasions up to yesterday, when it was clear that demolition of the Wide Streets Commissioners buildings had begun. The roofs of the buildings at 37 to 39 Westmoreland Street, a substantial portion of their interiors and the entire top floor of Number 39 had been demolished.
He said he had been told yesterday by a workman on the site that work was continuing inside the buildings. A netted scaffolding had been attached to the buildings at No 37-39 Westmoreland Street and to 3-4 College Street, which was also scheduled for demolition.
If demolition was permitted to continue, the forthcoming judgment of the High Court might be irrelevant, Mr Smith said.