Dún Laoghaire-Rathdown councillors are to visit a large modern building on Killiney Hill next month to establish whether it really is an "art gallery", as specified by the terms of its planning permission, writes Frank McDonald, Environment Editor.
It was built by Mr Joe Donnelly, a wealthy bookmaker and noted collector of contemporary art, and his wife, Ms Marie Donnelly, who is a former chairwoman of the Irish Museum of Modern Art.
Responding to complaints from some members of the public that it is extremely difficult to arrange visits to the gallery, a spokesman for the council said it had requested evidence on the issue of public access, but "so far we haven't got the evidence required".
The Donnellys sought permission to construct "an art gallery (with caretaker's flat) in single-storey terrace form with septic tank within the grounds of Mount Eagle Lodge, Vico Road", a site with panoramic views over Killiney Bay.
Though planning permission for new houses is extremely difficult to obtain in this high amenity area, it was granted to the Donnellys "having regard to the nature of the proposed development" and the "significant tree cover on the site".
One of the conditions of the permission, granted by the county council in 1994 and confirmed by An Bord Pleanála after a third-party appeal, is that "the gallery shall be open for viewing by appointment on at least 60 days per year".
Another condition specifies that "the residential use of the caretaker's apartment shall be solely ancillary to the use of the building as an art gallery" - even though this apartment is substantially larger than the gallery itself.
The striking modern building, with a façade stretching to 89 metres (294 feet), was designed by Claudio Silvestrin, a renowned Italian-born minimalist architect based in London, whose website describes it as "House D: Dublin".
The total floor area is given as 1,000 sq metres (10,764 sq ft), roughly 10 times the size of an average house. But the size of the building, with "expansive clear glass along the full front", is partially concealed by "rich vegetation" on the site.
It was in this spectacular setting that U2's Bono recently painted a series of images on large sheets of white paper for a new edition of Prokoviev's Peter and the Wolf, a book and CD produced in aid of the Irish Hospices Foundation.
"I was talking to him one day and I said, 'What about if we did it all in one day? Big paintings, rent a warehouse, that sort of thing'. He came up with the idea that he'd do it in my house," Ms Donnelly told The Irish Times in an article published on September 20th.
Ironically, Bono's colleague, The Edge, was in the High Court recently challenging a decision by An Bord Pleanála refusing permission for a substantial two-storey extension to his house on Vico Road, because it would be visible from the sea.
As for public access to the Donnelly gallery, Mr Aidan Devon, of Hillcourt Road, Glenageary, has been lobbying for compliance with the planning conditions. He has also been highly critical of the restrictions imposed on visitors.
"If you wish to visit, you must phone the county council's arts officer to obtain Mr Donnelly's secretary/gallery administrator's phone number to make an appointment and arrange to have a group of 10 people; groups of less or more not eligible!
"When you agree to the conditions, you must then wait till Mr Donnelly 'gives the nod' and they have lined up their art guide. It all takes weeks to arrange and the hopeful visitor must be very flexible on availability," Mr Devon complained.
"After much trying, a couple of groups successfully made an inaugural visit to the 'gallery' on January 16th last. During the visit, a request to have some American visitors see the 'gallery' the following week was not considered possible."
Mr Devon said he was "one of the very persistent few" who had succeeded in gaining admission.
He also described the exhibition in what is, in effect, the lounge, as very limited. "There are just four oil paintings, two drawings, a bronze sculpture and some 'art furniture' in the 'gallery' space - minimalist indeed."
Mr Devon condemned the county council for its failure to monitor the planning conditions. "This is a huge building that was cleared for planning specifically on the basis that it be an art gallery," he declared.
"Since this building was occupied three years ago, Dún Laoghaire-Rathdown County Council has failed to inspect and confirm its proper use," Mr Devon said.
Referring to the 60 days per annum public access requirement, a spokesman for the council said: "We have made requests to the owners and curator for evidence to support this and, so far, we haven't got the evidence required."
Another senior council official said the arts officer, Ms Sarah Searson, is in the process of organising a visit by members of the council next month "to have a look at whatever is there", but no date had yet been agreed.
She also said the council was consulting its legal department and checking out reports - such as the feature in The Irish Times magazine on September 20th - which could be taken as indicating that the Donnellys were using it as a residence.
When contacted by this reporter on her mobile phone at the weekend and asked about the gallery on Killiney Hill, Ms Donnelly said: "I have no comment to make".
She then hung up.