The operators of the Ann Summers shop in O'Connell Street, Dublin, have taken a High Court challenge to a Dublin Corporation notice directing them to cease using the premises as a shop.
Mr Michael Collins SC, for the operators, yesterday applied to Mr Justice O Caoimh for leave to challenge the corporation's order. He said the corporation had taken the view that the existence of the shop was contrary to proper planning and development of the area.
The judge said he wanted time to consider the extensive documentation in the case and would give his decision tomorrow. The action has been taken by Ann Summers (Retail) Ltd - occupier of the premises - and Ann Summers (Ireland) Ltd, both with registered offices at Clanwilliam Terrace, Dublin and Ann Summers Ltd, owner of the leasehold premises at Lower O'Connell Street, and with a registered address at Whytecleafe, Surrey, England.
The court was told Ann Summers (Ireland) Limited has no interest in the Dublin premises. The proceedings are against Dublin Corporation and An Bord Pleanala.
The Ann Summers companies want leave to seek orders quashing a decision of the corporation, dated October 1st, that a notice under Section 37 of the planning legislation be served on the owner and occupier of the premises. They also want permission to seek a declaration that the notice of October 1st last is invalid and of no legal effect.
They claim the retail company sells ladies' underwear, hosiery, ladies' evening wear, nightwear, PVC wear, jewellery, toiletries, fun novelties, books and novels, greeting cards and gift wrapping and commenced trading on October 1st. The premises had been used as a shop within the meaning of Article 8 of the Local Government (Planning and Development) Regulations continuously.