A legal dispute sparked by concerns about the preservation of buildings on Dublin’s Moore Street linked to the 1916 Rising as national monuments has come before the High Court.
The State has undertaken none of the buildings at issue, some of which are earmarked for demolition, will be demolished once the necessary steps are taken for an urgent hearing of the case early next month.
The matters at issue related to development of an interepretative centre for the 1916 Rising, its lawyer told the court.
Colm Moore, a nominee of the 1916 Relatives Association has, in his proceedings, raised issues including whether some buildings intended for demolition, including number 18 Moore Street, are national monuments.
There is a real issue concerning whether number 18 pre-dates, rather than post-dates, the year 1916, he contends.
Mr Moore, of Sandyford Road, Dundrum, has brought judicial review proceedings against the Minister for Arts and Heritage in which he contends several buildings on Moore Street and Moore Lane are national monuments which must be preserved.
Some of the 1916 relatives, including James Connolly Heron, Eamon and David Ceannt and Proinsias Ó Rathaille were in court when the case, initiated last month, was mentioned on Monday before Mr Justice Seamus Noonan who said it had “a certain urgency” and fixed it for hearing on February 2nd.
Unauthorised signs
The judicial review will be heard alongside separate proceedings by Mr Moore alleging signs fixed to a terrace of buildings on Moore Street are unauthorised and should be removed.
Conleth Bradley SC, for Mr Moore, said his client had secured leave to bring proceedings in relation to matters concerning a national monument at 14-17 Moore Street and which raised issues relating to determining what is a national monument. Mr Moore also got permission to serve short notice of his proceedings over the disputed signage.
Mr Moore had also initiated an application for injunctions over works - including proposed demolition works - to buildings, mainly at 13-18 Moore Street, but the Minister last Friday gave a without prejudice undertaking, due to expire on Monday, not to proceed with those works, counsel said. On foot of an agreement for exchange of legal documents, the Minister was agreeing to continue that undertaking.
Seamus Woulfe SC, for the Minister, said the matters in the case related to the establishment of a commemorative centre for the 1916 Rising and there was a certain urgency about it given the Rising centenary commemorations.
His side had undertaken not to demolish any of the buildings at 13-19 Moore Street and would continue that for another two weeks on a without prejudice basis so as to avoid the court having to deal with any injunction application, he added.
National monuments
The case arises after a terrace of buildings at numbers 14,15,16 and 17 Moore Street were designated as national monuments. They are believed to be the last buildings where leaders of the Rising gathered prior to their surrender, arrests and subsequent execution.
Mr Moore claims the national monument designation should also include lands and buildings of the terrace at numbers 13,18 and 19, plus all and any part of buildings, basements or cellars located on Moore Street and/or Moore Lane.
He also claims lands and buildings at numbers 6, 7,10,11,12,13,18 and 19 Moore Lane are a national monument protected by law. Numbers 8 and 9 Moore Lane also come within the curtilage of the terrace of buildings located at numbers 15 and 16 Moore Street which are part of a national monument, he contends.
The Minister has said the properties outside of the terrace at numbers 14 to 17 are of no historical significance.
Last week, a number of activists began an occupation of number 18 Moore Street, which, with numbers 13 and 19, is intended for demolition.
