Owner agrees to remove 27 residents from house

DUBLIN CITY Council has alleged before the High Court that a semi-detached house in Ballsbridge, Dublin, is being used as an …

DUBLIN CITY Council has alleged before the High Court that a semi-detached house in Ballsbridge, Dublin, is being used as an unauthorised boarding house for 27 people and is a fire hazard.

Robert Walsh, owner of the premises at St Mary's Road, Ballsbridge, gave an undertaking to Mr Justice Iarfhlaith O'Neill yesterday to have all residents out of the building by August 14th.

The undertaking was given following discussions between lawyers for Mr Walsh and the council.

The council alleges the two-storey semi-detached protected structure is being used for rental accommodation and has been advertised on the internet.

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Fire prevention officer Niall Keogh said in an affidavit he carried out an inspection on November 22nd and found 27 people in the dwelling. He returned on January 7th - when nothing had changed - and the fire safety notice was issued.

Mr Walsh brought a High Court application seeking to quash the fire safety notice and also sought a judicial review of the council's purported restriction on the residential use of the house "by members of the public". He also sought a declaration the house was not a potentially dangerous building under the fire services legislation.

The council has taken its own proceedings, asking the High Court to prohibit use of the building for rental accommodation until several matters relating to fire safety have been dealt with, including works to the doors, stairs, corridors, kitchens, lighting and storage areas. It also sought the removal of all people in the house until those works were done to the fire officer's satisfaction.

Mr Justice O'Neill has adjourned the judicial review proceedings to October, following Mr Walsh's personal undertaking to the court to have all residents out by 5pm on August 14th.