Court extends demolition ban on buildings

An order preventing further demolition of buildings dating from around 1800 on the site of a proposed hotel development in Dublin…

An order preventing further demolition of buildings dating from around 1800 on the site of a proposed hotel development in Dublin is to continue until the determination of legal proceedings challenging the development, the High Court ruled yesterday.

The President of the High Court, Mr Justice Morris, granted an injunction to Lancefort Ltd, of Upper Ormond Quay, stated to be conservationists, against Treasury Holdings Limited, Lower Grand Canal Street, Dublin, restraining demolition and other works at a hotel development on a site bounded by College Street, Westmoreland Street and Fleet Street.

Mr Justice Morris said that to refuse the order would be to give leave to reduce to rubble a building perceived by many as a "historical landmark" in the centre of Dublin.

He was granting the order on the basis of the extreme probability that, had such an order been sought in last November's judicial review proceedings challenging the entire development, it would have been granted.

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A temporary order restraining demolition at the development was granted by the High Court last Wednesday. The matter was adjourned to yesterday when Lancefort applied for the injunction to continue until Mrs Justice McGuinness delivers her judgment on the judicial review proceedings.

Making the application, Mr Colm O hEochaidh, with Mr Paul Callan SC, for Lancefort, read an affidavit from Mr Michael Smith, a director of Lancefort.

Mr Smith said nothing submitted by THL explained its "extraordinary decision" to start the hotel development a year after Lancefort had issued legal proceedings and "a matter of days" before judgment was to be delivered on those proceedings.

Mr Rory Brady SC, for THL, said the company was strenuously opposing the application to restrain the demolition works. Mr Justice Morris said Mrs Justice McGuinness had last November reserved judgment, and indicated she would give judgment as speedily as she could.