More than 2 years after it was illegally demolished by a leading hotelier and property developer, Archer's Garage, at Fenian Street, Dublin, has still not been fully reinstated.
The garage, dating from the romantic era of motoring in Ireland, was demolished over the June bank holiday weekend in 1999 by Mr Noel O'Callaghan, who owns the Mont Clare, Davenport, Alexander and Stephen's Green hotels.
Mr O'Callaghan, who is also a director of Bord Fáilte, could have faced a fine of up to £1 million and/or two years in prison. But he forestalled prosecution by signing a legal agreement with Dublin Corporation to reinstate the listed 1940s building.
Work on its reconstruction started only last year and was halted some time ago after the concrete structure had been completed. Since then it has stood at the corner of Fenian Street and Erne Street as an unpainted windowless shell.
Further work on the project has been deferred pending a long-delayed decision by An Bord Pleanála on an appeal against plans by Dellyberg Ltd, Mr O'Callaghan's company, for an L-shaped office development on an adjoining site.
This is the third such appeal by local residents in relation to plans for the site. Dellyberg's original scheme was refused by the appeals board in August 2000, in a decision that was seen by some as containing an element of retribution.
The board said the proposed 10,568 sq metres (113,754 sq ft) of office space would constitute over-development of the site and that its scale, design and finish would "fail to respect the architectural integrity" of the yet to be reconstructed garage.
The proposed office development, designed by Anthony Reddy Associates, would have wrapped around the rear of the garage, with access links at first and second floors through a three-storey glazed atrium between the two buildings.
However, the appeals board said that its bulk, design and single-use nature - consisting of offices on five levels - would create an "abrupt transition in scale" and "seriously injure the amenities of property" in a residential conservation zone.
A second refusal followed three months later for a modified version of the scheme, on similar grounds. In both cases, the appeals were made by residents against decisions by Dublin Corporation to approve the Dellyberg plans.
Last February the corporation decided to grant permission for a revised scheme of a four-storey office block and 15 apartments, with a basement car-park and a partial conversion to restaurant use of the former garage.
This decision was again appealed by two residents of Erne Street, Mr David Hughes, an architect with Iarnród Éireann, and his partner, Ms Carmel McCormack, whose principal concerns relate to overshadowing of their house.
An Bord Pleanála is statutorily obliged to give its decision on planning appeals within four months, other than in exceptional circumstances. However, this deadline has not been met in many cases in recent years because of a backlog of appeals.
In the Fenian Street case the board has deferred a decision twice since the appeal was lodged last March, most recently, without giving a date by which it would be determined. A decision on the latest plan is expected within a month or so.
Asked if it was satisfied with the current state of play, a spokesman for Dublin City Council - as the corporation is now called - said its understanding was that the garage formed part of the larger scheme and would be finished in that context.
