DEVELOPER BERNARD McNamara and his company Radora Developments Ltd have claimed that an "unjustifiable" decision by Dublin City Council, to list as protected structures a number of early 19th-century properties, has effectively halted a €40 million development at Merrion Road in Dublin.
Yesterday in the Commercial Court, Radora claimed the council's decision of July 8th last was for "an improper motive" and had exposed Radora to costs of some €750,000 a year to finance maintaining the registered properties, known as the LLandaff properties.
The proceedings by Mr McNamara and Radora against Dublin City Council relate to properties at 207-223 Merrion Road beside the Tara Towers Hotel which are part of a larger site bought for € 10 million between 2002 and 2004.
The Tara Towers development, known as the Elm Park development, is being carried out by another McNamara company, Woodmead Ltd, and is substantially complete. The LLandaff properties were acquired with a view to extending the Elm Park development.
Radora claims the councillors were guilty of negligence and misfeasance of public office in how they decided to list the properties.
A number of councillors appeared to have been motivated by an improper motive to prevent the demolition of the structures without addressing the issue as to whether they were of special interest, it is claimed.
It is further claimed the decision to list the properties was made despite the lack of evidence to support it and in the face of overwhelming evidence against it, including evidence from conservation experts for the council, and against the opinion of the assistant city manager.
While the council received submissions from local residents arguing for the properties to be listed as protected structures, Radora claims those submissions contained no expert evidence to support the claim the properties were of special interest.
Radora's first planning application for the development was refused by the council and An Bord Pleanála in 2006. Radora has since proposed a new development which requires the demolition of the LLandaff properties.
Radora claims the council's planning officials initially welcomed the proposed new development but the subsequent decision to add the LLandaff properties to the Record of Protected Structures means the planning application will be "futile".
When the application to transfer the case to the Commercial Court came before Mr Justice Kelly yesterday, he said serious claims of misfeasance in public office were being made against councillors which could involve individuals being found personally liable.
However, neither individual councillors nor residents' associations who sought to have the properties designated as protected structures had been put on notice of the case.
Damian Keaney, for the council, said legal advice was being provided to councillors concerning the action and it would be discussed at a meeting on November 6th.
Mr Justice Kelly adjourned to November 17th the application to have the case transferred so the relevant parties could be notified.