A fresh High Court challenge has been brought in an ongoing planning row between owners of properties on Dublin’s Merrion Square.
A year ago, Minoa Limited, which owns numbers 2 and 3 on Merrion Square, settled another challenge it brought over what it claimed were unauthorised works being carried out on a site originally earmarked for the construction of a five-storey office block.
The plan involved the demolition of the Merrion Building – Morrisseys – which is between the Davenport Hotel and 1 Merrion Square North. It is owned by Persian Properties Unlimited Co and an associated firm, Blue and White Diamond Ltd, is to carry out the development.
Permission for the five-storey block was first granted in June 2019. There followed two additional applications, in 2019 and 2022 to amend the permission, including one increasing the building height.
[ Bord Pleanála refuses planning permission for Cabra developmentOpens in new window ]
Minoa claimed, among other things, that certain of the earmarked lands belonged to it and that the plan did not take into account the impact of the development on the facade of properties in the area.
Dublin City Council granted permission for the latest amendment in May 2002 and Minoa brought a High Court challenge when it claimed developers were carrying out works on the site even though Minoa had appealed the council’s decision to An Bord Pleanála.
That case was settled in January last year when the developers agreed not to carry out further works pending the board’s decision.
[ After years of tumult, An Bord Pleanála battles the legacy of crisisOpens in new window ]
The board gave its decision in favour of the amended plan last October.
On Monday, Ms Justice Niamh Hyland granted Jarlarth Ryan, for Minoa, leave to bring the challenge following a one-side only represented application by Minoa.
She said an application for a stay on the permission would have to be on notice to the board and to the developers.
Mr Ryan said it was his client’s case there were very significant structural defects in the permission. The core grounds of the challenge include issues of ownership, lack of agreement on a construction management plan and impact of the development on adjoining buildings in terms of their location in what is an architectural conservation area.
The case comes back next month for mention.
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