Dunnes claims extension to Square will be bad for shoppers

A 200,000sq ft extension to Ireland's first large shopping centre, the Square in Tallaght, Dublin, is being delayed in a row with Dunnes Stores who believe the new structure will lead to inconvenience for its shoppers, the High Court heard.

Dunnes is one of three main anchor tenants in the Square, the largest shopping centre in Ireland when built in the 1980s, and is unhappy with the plan to put the €30 million extension on what is currently the northern car park. Dunnes says its shoppers will be inconvenienced and have to travel a further distance as result of the new extension.

The Square Management Ltd (SML), which manages and operates the freehold of the centre’s units, along with National Asset Property Management Ltd (NAPML), which owns lands used for car parking at the centre, and the extension developers, Indego Ltd, are seeking court declarations Dunnes has no estate, interest or claim over the car park. They claim Dunnes is trying to frustrate the redevelopment and has no right to use the lands for anything, car parking or otherwise, beyond a lease it entered into in 1990.

Multistorey car park

In opposing the application, Dunnes argues a notice issued by SML stating it can redevelop the car park has no legal effect or standing. Gavin Ralston SC, for SML, NAPML and Indego, said the main part of the case related to how the lease for the Square is to be interpreted under landlord and tenant legislation. There are currently 289 spaces on this surface car park, but under the expansion plans, a multistorey car park with 850 spaces will be included, Mr Ralston said on the opening day of the case.

Dunnes says its shoppers will be inconvenienced and have to travel further distances under the extension layout, counsel said. Dunnes also claims it has acquired certain rights to the car park allowing it to use it without having to own the property, counsel said. That claim is denied. If a person had to travel in from the farthest corner of the existing car park, they would still have to travel a distance, counsel said. There was also a ramp up to the existing car park which drivers have to negotiate.

Mr Ralston said there was full planning permission which Dunnes had unsuccessfully challenged in High Court judicial review proceedings. The case continues before Mr Justice Max Barrett.