Residents of Dartmouth Square in south Dublin were shocked to discover that the "public" park in the middle of the square is privately owned and its gates have now been padlocked shut.
"This is an extraordinary situation," said Prof Kevin B Nowlan, who has lived on the square for nearly 30 years. "We had all assumed that the park was in the ownership of Dublin City Council, and now we learn that it's not."
He said the four gates leading into the park were first "clamped shut" last Friday and these clamps had since been replaced by steel chains encased in plastic with locks to prevent public access.
The man who now claims to own it met residents on Tuesday evening to inform them that he had acquired legal title to the property and, if Dublin City Council wanted to re-open the park, it would have to deal with him.
A council spokesman said yesterday it had received a solicitor's letter on behalf of Noel O'Gara - who told residents he was involved in a granite and marble business in Athlone - claiming he owned the freehold.
"We have entered into negotiations with the landowner either to purchase the freehold or enter into a leasehold arrangement with him.The council's major concern is to maintain Dartmouth Square as a public amenity."
The spokesman said the council had invested in its maintenance since 1987, when the park was first renovated in consultation with the Upper Leeson Street Residents' Association, which had been lobbying for this to be done.
A pergola was erected in the middle of the square, walkways laid out, shrubs planted and railings re-painted. "It's one of the few places in the area where children can play and has been a very important public amenity," Prof Nowlan said.
The park was originally laid out by the Darley Estate when Dartmouth Square was being developed in the 1880s. After it fell into decline, it was leased to the Loreto Sisters as a playground for their school on St Stephen's Green.
When the nuns moved out, the park was used only by "young fellows playing bad football, shouting and roaring", as Prof Nowlan recalled. Then, as it became more desirable again, there was pressure to do something with it.
"We all assumed that, having taken over the park and spent quite a lot of money on it, the corporation [ as it then was] actually owned it. But now we find that there was some legal title that they didn't acquire at the time," he said.
It is understood that Dublin Corporation had been dealing with the Darley Estate for a number of years to acquire its freehold title. "When we asked [Mr O'Gara] what he wanted, he told us he wanted the city council to take out a new lease from him," Prof Nowlan said.
"How many other parks are in the same position, where they haven't bought out all the interests? So what are the council going to do to save their own park in Dartmouth Square?"
