The owner of Dartmouth Square in Dublin is to take a legal challenge to the compulsory purchase of the land, following An Bord Pleanála's decision to allow Dublin City Council to proceed with the purchase.
Athlone businessman Noel O'Gara told The Irish Times yesterday that he was confident he would win his case because he believed his constitutional property rights were being undermined. "This is not the end, this is only the beginning," he said.
An Bord Pleanála ruled yesterday that Dublin City Council could proceed with a compulsory purchase order (CPO) on the two-acre site in Ranelagh.
The planning body said the public acquisition of the lands "would satisfy a community need and would be in accordance with, and give effect to, the objectives of the current Dublin City Development Plan".
Mr O'Gara bought the park for less than €11,000 last year after a lease agreement between the previous owner, Patrick Darley, and Dublin City Council had lapsed in 1997. He believes it is worth in the region of €175 million and wants to build a car park, creche and gym on the land.
He said this would be allowed under the current zoning of the land as amenity open space and recreation. However, in the High Court last month, Dublin City Council argued that the establishment of a car park constituted a material change of use and required planning permission.
The High Court agreed to the council's application for an injunction to stop Mr O'Gara from running a car park there. The injunction will be reviewed on October 9th.
Dublin City Council welcomed An Bord Pleanála's decision yesterday. "We will now be resuming discussions with Mr O'Gara to resolve the matter," a brief statement said.
Mr O'Gara said it did not surprise him that An Bord Pleanála had supported the city council in its CPO application. "But it's a bad day for Irish landowners when a local authority can CPO a piece of your property and Bord Pleanála upholds that," he said.
Mr O'Gara said he believed the council had no intention of ever paying him for the land. "The city council had the chance to buy the land from Mr Darley for £8,500 [ €10,800] 20 years ago but they didn't want to pay him," he said.
He said his only option now was to take a legal action, showing that "the CPO is actually repugnant to the Constitution because the Constitution protects property rights except in the exigency of the common good".
Mr O'Gara said there was no exigency, or pressing need, in this case and he would take the case to the Supreme Court if necessary.
An Bord Pleanála's decision was welcomed by local politicians. Green Party chairman John Gormley said he hoped the CPO would be completed speedily so the park could reopen without further delay. Labour councillor Oisín Quinn said residents had been the big losers, "with the periodic locking of the gates to the park, the denial of access to a heretofore open public space and the transformation of a beautiful local amenity into a car park".
Dartmouth Square: what happens next
- Dublin City Council has 12 weeks to publish a notice saying the CPO has been confirmed.
- The CPO becomes operative three weeks after publication.
- There is an eight-week judicial review period from the date of publication of the notice.
- A "Notice to Treat" is served, asking for details of compensation sought. The market value of the property on this date determines the level of compensation.
- A "Notice for Possession" is then served and the council may take possession of the land 14 days after this date.
- Interest on compensation is payable from the date of taking of possession.
Source: Dublin City Council
