A dispute between the developer of a proposed new hotel in central Dublin and the owner of an adjoining hotel and apartment complex over an alleged planning condition breach has opened at the High Court.
Luxor Investments Ltd, owner of lands at Ship Street Great and Chancery Lane, Dublin, where a Radisson Hotel is located, has brought the proceedings against Wave Point Limited, which plans to build a 136-bedroom hotel on an adjoining site.
In proceedings under Section 160 of the 2000 Planning and Development Act, Luxor claims Wave Point has not complied with certain conditions of a planning permission obtained from An Bord Pleanála and Dublin City Council for the new hotel.
Wave Point, it is claimed, has not submitted a construction management plan in respect of the proposed development with the council.
Injunctions
Luxor wants injunctions requiring Wave Point to prepare a construction management plan.
In a sworn statement to the court, Padraic Rhatigan, a Galway-based businessman and director of Luxor, said he had concerns about Wave Point’s proposed development and compliance with planning conditions.
His concerns included demolition works carried out earlier this year, the removal of a wall which caused an alleged hazard, the installation of barriers without consultation and that no construction management plan had been agreed with the council.
Opening the action on Wednesday, John O’Donnell SC, with Michael O’Donnell BL for Luxor, said it was not trying to stop works on the neighbouring site but wanted Wave Point to comply with the planning permission and submit a construction management plan.
‘Sour grapes’
The action arose following genuine concerns raised to Luxor by its tenants concerning the adjoining development, counsel said. Luxor had not brought the action over any perceived “sour grapes”.
Wave Point, represented by Martin Hayden SC and Ross Aylward BL, denies it has acted in breach of the planning permission and opposes the injunctions.
Luxor had objected to Wave Point getting permission to build the hotel, Mr Hayden said.
Last June, Wave Point carried out a number of preliminary works including demolition of some sheds and archaeological investigations as part of a phased development on the site, he said.
Wave Point did not need to submit a building management plan in respect of the preliminary work but had filed documentation with DCC concerning those activities on the site, he said.
Wave Point will submit a building management plan as construction of the hotel cannot take place until that is done, he added.
The case continues before Ms Justice Tara Burns.