Hotelier and property developer Mr Noel O'Callaghan has instructed his architects to open immediate discussions with Dublin Corporation on reinstating Archer's garage in Fenian Street.
In a statement issued last night, Mr O'Callaghan said neither his company, Sherborough Securities Ltd nor any of its directors were aware that the building - demolished during the June bank holiday weekend - was listed. "I very much regret that the demolition took place", he said.
"A decision was apparently made by Dublin Corporation in January of this year to place the property in question on List 1 of the development plan. I was not informed of this decision".
He was now taking steps "to try to put the matter right" by instructing his architects to "initiate immediate discussions with the planning department of Dublin Corporation with a view to having the building reinstated and incorporated in the redevelopment of the site".
Mr O'Callaghan said he and his architects, Anthony Reddy and Associates, had been in communication with the corporation's planning department for about a year on development proposals for the site. "At no stage was there mention of the building being listed," he said.
Walmac Ltd, the demolition contractors, had notified the corporation's building control section on May 28th that the work would start on June 4th, according to copies of documents released by Mr O'Callaghan. It gave the client's name as "Sherbourg Securities".
According to the documentation, a planning search prior to his acquisition of the site last August had not disclosed that any part of the property was listed. It had also disclosed an earlier (1981) planning permission to redevelop the entire site.
Mr O'Callaghan's statement enclosed a copy of a letter from the corporation, dated January 14th last, which had been addressed to "The owner/occupier, Archer's garage, Fenian Street, Dublin 2". No such notice had been issued to or received by Sherborough Securities.
Earlier yesterday, the Dublin city manager, Mr John Fitzgerald, said the corporation had formally advised solicitors representing Sherborough Securities Ltd that it was seeking to have work start on the full reinstatement of Archer's garage within 30 days.
Mr Fitzgerald said the corporation's legal advice was that it had two possible remedies: to prosecute those responsible for the demolition or to seek an immediate High Court order requiring the full reinstatement of the building within a given timeframe.
It is understood that the corporation decided to take the latter course after studying a judgment by Mrs Justice McGuinness, delivered earlier this month, which could have an impact on the enforcement options available to local authorities to deal with planning breaches.
It was also learned yesterday that the Minister for the Environment, Mr Dempsey, has asked his officials to examine whether a consolidated Planning Bill now being drafted can be amended to recoup windfall gains made by developers who demolish listed buildings without permission.
