The High Court yesterday refused an application by several Moore Street traders for leave to challenge a major new retail, leisure, hotel and car park development on Dublin's O'Connell Street, leading into Moore Street.
The traders had complained the planned development would involve the closure of part of Moore Lane and the consequent loss of access to their businesses.
They claimed An Bord Pleanala failed to properly address the issue of access when deciding to grant permission for the development on August 4th 1999 and sought leave to seek orders directing that the matter go back before the planners in order that provision for access to their premises may be made.
The application for leave to bring judicial review proceedings to quash the permission was brought by a number of traders including Doyle Stores Ltd; FX Buckley; James Cousins Ltd; Simon Hart Ltd and Stephen Ross Ltd.
An Bord Pleanala denied it failed properly to address the issue of access. Dublin Corporation and the developers, the Carlton Group, also opposed the application for leave.
In his decision yesterday, Mr Justice Butler refused the application. He found the traders' objections were taken into consideration by An Bord Pleanala, which had decided they should be dealt with under the Roads Act.
He made no order for costs, saying he believed the applicants' concerns were real and substantial. He adjourned the matter to Wednesday to allow Mr James Macken SC, for the traders, to decide whether to apply to have the matter certified for appeal.