The landmark Prince of Wales Hotel in Athlone was unlawfully demolished, the High Court was told yesterday.
Mr Peter Bland, counsel for neighbouring residents, told Mr Justice Butler that Athlone Urban Council, which had granted restricted planning permission for "alterations and extensions", had done nothing to stop the demolition.
"The hotel is no more. All 15,000 square feet of it has been torn down without planning permission for its demolition," Mr Bland said.
He said there was nothing left on the site but a single outhouse and a massive hole in the ground which was the basement footprint of some new structure to replace the hotel.
Mr Justice Butler granted a neighbouring resident, Mr Patrick Flynn of The Gardens, Court Devenish, Athlone, a temporary injunction restraining Callanan Hotels Ltd from further development of the site.
Mr Flynn, in an affidavit, told the court that an adjoining wall had been damaged to such an extent it was now a danger to him as he had to pass under it to enter and leave his home.
Mr Bland said the urban council had granted planning permission for alterations and extensions to the Prince of Wales which included authorisation to demolish certain outbuildings.
The permitted alterations and extension were subject to 14 conditions which included restraints on the use of materials in order that they would match the existing façade. The developer was also tied to an archaeological appraisal of the site and an "early warning" of the council before any works started.
Mr Bland said five applications relating to demolition and reorganisation had yet to be determined by the urban council and it seemed Callanan Hotels Ltd had simply jumped the gun and proceeded with demolishing the hotel.
He said Mr Flynn had suffered a considerable amount of nuisance and damage during the demolition. It was only after he had employed an engineer in relation to the damage to the adjoining wall that he discovered the demolition had been unauthorised.
Mr Bland said the basement was being dug out by excavators and materials were already being delivered for construction work.
"At the rate buildings go up these days Mr Flynn fears that if the developer is not restrained, what is erected on the site will quickly become a fait accompli," Mr Bland said.
Judge Butler said immediate notification of the injunction could be made to the secretary of Callanan Hotels Ltd and to the site foreman. He granted both parties liberty to apply to the court before the next hearing on August 28th.