Judge to visit planning dispute house

A High Court judge is to visit a house at Dublin's Merrion Square today which is owned by a company involving businessman Mr …

A High Court judge is to visit a house at Dublin's Merrion Square today which is owned by a company involving businessman Mr Dermot Desmond and is at the centre of a planning dispute.

Mr Justice Smyth will visit the house at No 71 Merrion Square, the former home of fashion designer Ms Sybil Connolly.

He is doing so to assist him in determining an application for leave to bring a challenge to the refusal of planning permission for certain works there.

The application for leave is by Illium Properties Ltd, a Gibraltar-registered company and owner of No 71. It wants to overturn the March 6th, 2003, decision of An Bord Pleanála refusing planning permission for the retention or completion of the installation of a dumb waiter and electrical riser.

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After hearing submissions for both sides yesterday, Mr Justice Smyth said he would visit the house this morning. He would prefer if somebody from each side was present. Later he would indicate in court what he would do in relation to the proceedings.

No 71, which is a historic building, was at the centre of another High Court case recently. On October 15th, Illium won a challenge to the issuing by Dublin City Council of a notice seeking further information about proposed restoration works at the building.

At that time Mr Justice O'Leary granted a declaration that the notice, of September 10th, 2001, was not a bona fide request for further information under the Planning Acts, and he made an order quashing the notice.

He also declared that Illium's application for planning permission in that case was deemed granted.