Property developer Sean Dunne has brought legal proceedings challenging a decision by the Dublin Docklands Development Authority that a €200m development on Dublin's north quays, which surrounds on three sides development lands owned by Mr Dunne, is exempted development.
Mr Dunne claims the development is unauthorised and that the docklands authority was wrong to conclude it was exempted development - not requiring planning permission.
He claims a certificate of exempted development was invalid and unlawfully issued because the proposed development does not comply with the objective of the Docklands North Lotts planning scheme, including the objective of providing an east-west route between New
Wapping Street and Castleforbes Street.
The proposed mix of uses, height and design of the development is also inconsistent with the planning scheme, Mr Dunne claims. A 'monolithic' eight-storey apartment block proposed to the immediate eastern boundary of his property has no regard for these and other issues in the planning scheme, he claims.
Mr Justice Peter Kelly admitted to the Commercial Court list two related sets of proceedings arising from the decision of the DDDA of July 13 last that a proposed development by North Quay Investments Ltd (NQI) at a site bounded by North Wall
Quay, New Wapping Street, Mayor Street and Castleforbes Road, Dublin was exempted development.
The action has been taken by Mr Dunne and North Wall Property Holding Company Ltd (NWPHC), with registered offices in the Isle of Man, against the DDDA and NQI.
In the first set of proceedings, Mr Dunne and NWPHC want an order quashing the DDDA decision that the proposed development is exempted development. They also want a court declaration that any certificate issued by the Authority under Section 25 of the Dublin
Docklands Development Authority Act 1997 in relation to the lands should be subject to particular conditions.
Mr Garrett Simons, for Mr Dunne and NWPHC, said the development is proceeding and his side was anxious for an early hearing date. He indicated, however, that the application for an injunction preventing further work on the site would not be proceeded with if an early
date was fixed.
In the second set of proceedings - brought under Section 160 of the Planning and Development Act 1960 - Mr Dunne and NWPHC want orders restraining alleged
unauthorised works at on the site of the disputed development and also want an order requiring restoration of the lands.
According to court documents, development has already begun on the site with some €15m spent to date by NQI. The company has expressed concern that the uncertainty caused by the proceedings had the potential to have serious adverse economic consequences for it.
Mr Justice Kelly fixed the judicial review case for hearing on January 22. It is expected to take four days. The Section 160 proceedings may be heard immediately afterwards or at a later date following the delivery of judgement on the first set of proceedings.
