Legal bid to stop demolition of buildings linked to Rising to be heard next month

1916 Relatives Association claims Moore Street properties are of historical significance

A legal action aimed at ensuring any buildings on Dublin's Moore Street linked to the 1916 Rising are preserved as national monuments will be heard by the High Court next month.

The action by Colm Moore, a nominee of the 1916 Relatives Association, was briefly mentioned on Wednesday before High Court Deputy Master Angela Denning who, on consent, fixed February 9th for a hearing, expected to last between two to four days.

Conleth Bradley SC, for Mr Moore, said his side needed to consider extensive affidavits from the State side before deciding whether to seek orders for cross-examination about the contents of those. An undertaking by the State none of the buildings at issue will be demolished continues, it was also stated.

Seamus Woulfe SC, for the Minister, previously told the High Court the matters in the case relate to the establishment of a commemorative centre for the 1916 Rising and had a certain urgency given the Rising centenary commemorations.

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Mr Moore, Sandyford Road, Dundrum, has brought judicial review proceedings against the Minister for Arts, Heritage and the Gaeltacht alleging several buildings on Moore Street and Moore Lane are national monuments which must be preserved.

The case arises after a terrace of buildings at Nos 14,15,16 and 17 Moore Street, believed to be the last buildings where leaders of the Rising gathered prior to their surrender and subsequent execution, were designated national monuments.

Mr Moore claims the national monument designation should also include lands and buildings of the terrace at Nos 13, 18 and 19, plus all and any part of buildings, basements or cellars located on Moore Street and/or Moore Lane.

He claims certain lands and buildings are part of the “Moore Street Battlefield Site ” and that Nos 6, 7, 10, 11, 12, 13, 18 and 19 Moore Lane are also national monument protected by law.

Numbers 8 and 9 Moore Lane come within the curtilage of the terrace of buildings located at Nos 15 and 16 Moore Street which are part of a national monument, he contends.

Lands and buildings at No 10 Moore Street, bottling stores situated to the rear of No 10, the O’Brien’s Mineral Water works Building at Henry Place, the White House at Henry Place and Hanlon’s at 20/21 Moore Street are also of historic national importance, he claims. The Minister has said the properties outside of the terrace at numbers 14 to 17 are of no historical significance.

Some of the buildings which feature in the case, including No 18 Moore Street. are earmarked for demolition.

The issues raised include how a national monument is determined.

The judicial review will be heard alongside separate proceedings by Mr Moore alleging that signs fixed to the terrace at Nos 14-17 Moore Street are unauthorised development and should be removed.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times