OBJECTORS to the proposed £35 million five star Hilton Hotel off College Green, Dublin, began an action in the High Court yesterday.
The objectors, a number of conservationists who have formed a company called Lancefort Ltd, Ormond Quay Upper, Dublin, to contest environmental issues, are seeking leave to take a judicial review challenging the project for the hotel on the site between College Green, fleet Street and Westmoreland Street. It is also taking the action on constitutional grounds.
The case being taken in the name of the company is against An Bord Pleanala, the Minister for the Environment and the Attorney General. Treasury Holdings, Stokes Place, Dublin, the developer, is a notice party.
The defence states that decisions were taken within procedural safeguards. The applicants stated the carrying out of an Environmental Impact Assessment (EIA) should have been considered but the defence claims there is no need for one as the size of the hotel fell within a category that did not require it.
The Minister for the Environment and the Attorney General are seeking security for costs.
An Bord Pleanala gave permission for a 167 bedroomed hotel on the site. It is envisaged the scheme will retain the street- front facades of all the buildings on the site. The board laid down 15 conditions for granting planning permission.
Yesterday, Mr Pat Hanratty SC, for the applicant company, said issues against the Minister had been withdrawn. He said this was an application for leave to seek a judicial review of a decision of An Bord Pleanala on December 11th last granting planning permission to build the hotel, which was part of the Hilton Hotel group.
On May 13th last, the city council voted to grant permission for the hotel. A special resolution was passed by the planning authority, the council, contrary to its own Dublin City Development Plan. It imposed conditions.
Treasury Holdings Ltd, the developer, appealed a number of conditions, particularly those referring to the building's top two floors. His client would say the council inserted conditions about restrictions on the two top floors to preserve certain environmental aspects.
Last November, there was an oral hearing of An Bord Pleanala. The board granted permission but removed the conditions inserted by the local authority regarding the top two floors. These had a considerable bearing on the building's height and on the city's roofscape.
The company was incorporated after the board's decision. It was formed earlier this year for the purpose of pursuing environmental issues.
It was seeking to quash the board's decision. A European directive dealing with Environmental Impact Assessment was not complied with. There was no determination by the local authority or the board on whether the EIA was necessary. The directive imposed an obligation to ensure that an EIA be carried out on an environmentally significant development.
The development included six listed buildings which would be demolished except for the external shell. These were architecturally and historically significant. Dublin Corporation had departed from its own development plan. The project involved the demolition of many listed buildings in one development.
The hearing continues before Mr Justice Morris today.