An oral hearing on the future of the former Carlton Cinema resumed today with representations from a new objector to the compulsory purchase order on the O'Connell Street site by Dublin City Council.
Representing a group of Moore Street shop-owners, Mr Macken of Walsh Harte & Co Solicitors, objected to the extinguishment of a public right of way. The group had not previously made their objection known to the hearing, which was sitting today for the first time after a six-week adjournment.
Mr Macken told the hearing that the route of access for delivery trucks for the shops involved, Doyle’s Stores Ltd, Simon Hart Ltd, FX Buckley Ltd, James Cousins Ltd, and Industria is along a public right of way. He said they had had no indication from Dublin City Council about its plans for the right of way.
Dublin City Council argued that a public notice had been placed to advertise the CPO and the right to extinguish the public right of way in 2001 and that no objections had been lodged within the requisite time period of six weeks.
The planning inspector, Mr Michael Ward, granted Mr Macken permission to make a submission later in the hearing but said he could not cross-examine the witnesses for Dublin City Council.
A request for a further adjournment came from solicitors representing Mr Paul Clinton of the Carlton Group. The Carlton Group secured planning permission in 1999 from An Bord Pleanála for a €170 Millennium Mall.
They argued that documents relating to meetings which took place between Dublin City Council and a third party had not been disclosed, and asked for a formal affidavit of discovery.
Mr Ward said he had no intention of adjourning the hearing, but asked to be reminded of these concerns after the evidence from Dublin City Council had been heard.
The hearing is expected to continue for several days.