Controversial plans by the Office of Public Works to transform a unique 19th-century "real tennis" court into a recital hall have been put on hold, pending the outcome of an investigation by the Attorney General's office into the legalities of the proposal.
The court is at Earlsfort Terrace, Dublin. It was built in 1886 and was bequeathed to the State in 1939 by the second Earl of Iveagh, Rupert Guinness, along with Iveagh House and Iveagh Gardens.
Although it was not a condition of the bequest, Guinness requested that the court be maintained as a real tennis court. In the final deed of conveyance, he stated that the court could be used for the enlargement or enhancement of UCD's buildings.
The court is currently being used as a UCD engineering laboratory. However, the OPW has planning permission to transform it into a 320-seat recital hall for use by the National Concert Hall.
The Irish Real Tennis Association (IRTA), which is strongly opposed to the plans, has appealed the decision to the Commissioners of Charitable Donations and Bequests for Ireland, on the basis that the plans are in conflict with the Earl of Iveagh's wishes.
The commissioners believed the OPW plans would be in breach of the 1939 trust and forwarded the matter to the Attorney General's office.
The IRTA is also seeking a judicial review of the Bord Pleanala decision. The application is due to be listed for mention in the High Court in December.
Real tennis is the oldest regulated game in the western world, according to the IRTA, with the Hampton Court venue in London dating back to 1530. The game is played within an enclosed court, with players allowed to play the ball off the walls.
The walls and floor of the Dublin court are lined with marble. It was used to host the world championships in 1890.
IRTA secretary Mr Ted Neville said it was receiving funding from real tennis fans around the world for its campaign to save the court. The association believes the court could be restored to playing condition for £500,000 and could be returned to its original condition for £1 million.
Britain's Earl of Wessex, Prince Edward, a keen fan of the sport, expressed an interest in seeing the court during a visit to Dublin last August. However, this was subsequently removed from his itinerary amid fears that it could embarrass the Irish authorities.