A local resident’s challenge over approval of works for an emergency homeless hostel on Dublin’s southside has been adjourned “with regret” by a High Court judge to October.
The challenge by Kenny Byrnes is affecting Dublin Simon's planned move from its existing hostel premises on Harcourt Street, which is about to close down, to an intended 30-bed hostel at Nos 9-10 Upper Fitzwilliam Street, the court heard.
Several lawyers were also among objectors to the planned hostel, Ms Justice Marie Baker was told.
Mr Byrnes, 2 Upr Fitzwilliam St, initiated his case against Dublin City Council in April 2015.
It was due for hearing on Thursday but Ms Justice Baker ultimately agreed, “with regret”, to adjourn it after the Council said it needed time to address issues raised in an affidavit and accompanying reports provided by Mr Byrnes side three days ago.
David Holland SC, for the Council, said the case is urgent for reasons including Dublin Simon is behind time leaving the Harcourt Street premises but his side had to address several matters in the recent documents.
He accepted those documents included reports previously provided by others to the Council but said his side had been unaware of those.
Mr Byrnes had in his afffidavit reiterated his concerns the planned hostel would provide a methadone dispensary and needle exchange facility, Mr Holland said. Methadone services would not be provided and those issues were, in any event, planning matters, counsel said.
Michael Collins SC, for Mr Byrnes, accepted the affidavit should have been filed six weeks ago but said his side had to “go digging” for documents, including a report to the Council by a conservation officer raising some issues about the hostel works. While not alleging any bad faith by the Council as the documents may have been overlooked by mistake, they were relevant documents, counsel said.
The judge initially suggested the case could partly open now before her and then be adjourned to a later date but, after hearing further argument, “reluctantly” accepted it could not start now and fixed it for priority hearing in October. She also ruled on a number of discovery issues.
Earlier, the judge said she was involved with Cork Simon in the past and retained a peripheral involvement and asked if her hearing the case posed any difficulty. Both sides indicated they had no such difficulty.
Mr Byrnes case centres on complaints about the procedure leading to the council’s February 2015 approval of the emergency facility at Harcourt Street being relocated to Nos 9-10 Upr Fitzwilliam Street.
He alleges the procedures did not conform with requirements of Section 179 of the Planning and Development Act 2001 and planning regulations of 2001. The proposed development, he argues, must be subject to the same planning controls as other developments undertaken by third parties.
Even if the planned development was a local authority development, the relevant planning notice must describe the range of intended activities at the property but failed to do so. The notice referred to the intended works but not the intended use of the premises, he claims.
There was also no reference in the notice to the fact the area around Fitzwilliam Street and Merrion Square includes some protected Georgian structures and it seemed the application had not been identified to relevant bodies such as An Taisce, the Heritage Council and Arts Council.
