Developer Jim Mansfield has started High Court proceedings against An Bord Pleanála's recent decision to refuse planning permission for a convention centre at his Citywest Hotel complex near Saggart in west Dublin.
The decision means Mr Mansfield's company, HSS Ltd, is now running two separate legal proceedings against decisions by the board to refuse planning permission for the €50 million centre.
The first case is likely to come before the court in October, while the latest set of proceedings is unlikely to be heard until next year.
The fact that legal proceedings are under way means no moves can be taken to have the partly- built centre demolished, a spokesman for the developer said yesterday. Following the board's latest refusal in May, it was expected that South Dublin County Council would issue an enforcement notice to have the unauthorised structure removed.
The huge portal-frame steel structure that has already been erected is posing a problem for Ryder Cup preparations at Citywest. Mr Mansfield's spokesman said the structure would have to be screened from view from the hotel, which is hosting the gala dinner for the golf tournament as well as the foreign press.
HSS had sought permission to retain and complete the 6,000-seat centre at Citywest, which already has convention facilities for 4,000 people. A decision by the council last November to approve the plan - after its members had rezoned the site for convention-centre use - was appealed by An Taisce and a company controlled by businessman Harry Crosbie.
In its decision to refuse, An Bord Pleanála said such a major facility "should be located in a core commercial area, such as a city centre or major town centre, in order to avail of a range of public transport options".
It said the proposed centre would be primarily reliant on private transport and noted that the proposed Luas extension to Citywest would terminate more than a kilometre from the centre.
However, Mr Mansfield yesterday accused the board of making an unfair and arbitrary decision that overruled the local planning authority and local democratic process for a second time.
He said the board had failed to acknowledge his commitment to the council not to use the current 4,000-seat conference centre for that purpose once the new 6,000- seat convention centre was operating.
Mr Mansfield claimed it was "completely illogical" to have a convention centre adding to traffic congestion in the city centre. The "vast majority" of large convention centres, such as the NEC in Birmingham, were built outside city centre locations.
He also said it would be impossible to assemble a large enough site for a convention centre in the heart of Dublin. While he plans to build the centre at Saggart without any taxpayers' money, no city centre development could take place without some State subvention and such a project was likely to cost €250 million in total.
