Carlow town building ‘speedily and unsafely’ demolished without permission

A building on one of the oldest streets in Carlow town was “speedily and unsafely” demolished over the bank holiday weekend without planning permission, the High Court has been told. Developer Joseph Germaine had said the intention behind the demolition of 25 Dublin Street was to create a car park, the court also heard.

Elaine Morgan, a barrister and co-owner of an adjoining property at 26 Dublin Street, claims the demolition was not authorised and the gable wall of her property is now exposed. She has secured interim orders effectively freezing the scene and restraining further works there.

Mr Justice Séamus Noonan granted the orders, returnable to Thursday, to Micheál O’Connell, for Ms Morgan, against Slaneygio Ltd and Mr Germaine.

Mr O’Connell said the demolition began on Saturday when Carlow County Council was not in a position to react and without “a shred of planning permission” for it. Dublin Street was in an architectural conservation area, he added.

In an affidavit, Ms Morgan says she is one of three co-owners of 26 Dublin Street, from where she conducts business as a barrister while her brother David operates a company business from there.

Numbers 25 and 26 are both well over 100 years old, she says. No 25, now owned by Slaneygio Ltd, is “affectionately known” in Carlow as “Chesty Murray’s after a man who ran a sweet shop there for many years”.

In more recent years, she understands that 25 was owned and used in conjunction with the Courthouse Hotel, which she believes is also owned by Slaneygio. The rear was used for car parking while the building was used for staff accommodation or facilities.

Because of the urgency of this matter, she says she has insufficient time to ascertain shareholdings in Slaneygio but believes Mr Germaine, if not recorded as the owner, has a beneficial interest in it while his wife and mother were directors. Mr Germaine has conducted himself in certain respects as owner and controller of the Courthouse Hotel and the property at No 25, she says.

Mr Germaine approached her brother David some weeks ago seeking consent to the demolition of No 25 and development of a car park there but her brother, having discussed the matter with her, told him they would not support its demolition and believed many people in Carlow would have a similar view.

They heard nothing more from Mr Germaine but on Saturday afternoon last, while driving up Dublin street, she saw “to my horror” that No 25 had been “reduced to rubble”. It was “speedily and unsafely” demolished without planning permission, she said.

When she rang Mr Germaine, he had not denied involvement in the demolition, admitted he had “no planning” for that, said he had not intended to upset her and also suggested insurance would cover any damage caused to No 26. She made it clear she would litigate, Ms Morgan added.

Works on the site continued on Monday, including to the gable wall of No 26, despite requests from her and her brother that they desist, she said.