THE campaign by a number of conservationists in Dublin to prevent the building of a Hilton hotel on the edge of College Green enters a new phase today with a High Court hearing on their claim for a judicial review.
The objectors, who have set up a private company called Lancefort Ltd to prosecute the case, claim that An Bord Pleanala's decision last December to grant permission for the proposed development is "null and void" on a number of grounds.
The company, which also styles itself the New Dublin Environmental Alliance, has its own web site on the Internet. It describes the approval of the Hilton scheme as "the worst decision to have been made by the planning appeals board in years".
It would involve the "total demolition" of three historic buildings in a designated conservation area, it says, the demolition of a "charming Victorian building" on College Street, the internal demolition of three "very important" List 1 buildings and "severe interference" with another.
"It also involves a very significant raising of the height of the site (bounded by College Street, Westmoreland Street and fleet Street) to accommodate bedroom space, with a mansard roof to be placed over those listed buildings; which are to remain, albeit in a very altered state."
Visitors to the web site - of which there have been over 800 - are asked to write to Hilton International urging it to "think again" about its plans and also to the Minister for the Environment, Mr Howlin, and the Minister for Arts and Culture, Mr Higgins.
Lancefort's directors included Mr Michael Smith of An Taisce, Mr Ian Lumley, project manager of the Dublin Civic Trust, and Mr Uinseann MacEoin, a veteran conservationist and architect, who is a member of the Dublin Civic Group.
An their High Court action against Treasury Holdings, the company planning to develop the Hilton hotel, they claim that An Bord Pleanla should have required the submission of an environmental impact study because of the nature and scale of the £35 million development.
They also claim that the inspector who conducted an oral hearing on the appeal "misdirected" the appeals board regarding Government policy on the conservation of listed buildings, as set out in an inter departmental report on the issue, published last September.
They say that the board failed to take into account the fact that the proposed hotel would be located in a conservation area and that it did not have the power to contravene the provisions of the 1991. Dublin City Plan under which a number of buildings on the site are listed for preservation.
In doing so, the board had acted contrary to the principles of social justice and the exigencies of the common good, as provided for in Article 43 of the Constitution.
"The board is not democratically elected and has played no part in the formation of a development plan for the area," it says.
The affidavit filed by Lancefort Ltd also claims that the members of An Bord Pleanala were "unlawfully appointed" by the Minister for the Environment as a result of "constitutional and legal improprieties" and therefore any decisions made by the board are "null and void".
A spokesman for Treasury Holdings said it was vigorously contesting the action - which is against Ireland, the Attorney General and An Bord Pleanala - as a notice party. Given that the appellant was a private company limited by guarantee, it would also be seeking security for costs.
So far, the developers of the £35 million Hilton project have been able to carry out only archaeological work on the site, as required by the terms of their planning permission. No building work can take place until the outcome of the judicial review has been determined by the High Coup.
