An application for an order restraining the carrying out of works at the site of Bewley's cafe on Grafton Street, Dublin, except under the terms of a lease granted in 1987, was rejected by the High Court yesterday.
The owners of the site, Ickendel Ltd, had been granted a temporary injunction last week restraining the Campbell Bewley Group (CBG) from carrying out works at the site at 78/79 Grafton Street and 2, 3 and 4 Johnson's Court, other than in compliance with a lease dated September 22nd, 1987, made between Royal Insurance plc, Bewley's Cafes Ltd and Campbell Catering Ltd.
It was alleged by Ickendel that the premises are a protected structure and that the works being carried out require planning permission which, it was submitted, had not been obtained. The CBG opposed Ickendel's application.
Giving judgment yesterday at the conclusion of a two-day hearing, Miss Justice Mella Carroll turned down the application for an interlocutory injunction. The temporary injunction granted on April 29th last has now been discharged, and the CBG is expected to continue with its works. CBG submitted that the works being carried out are purely redecoration and refurbishment which enhance and build upon the inherent character of the premises. A new cafe venture which CBG proposes to operate from the premises is at a very advanced stage.
In a statement issued by Treasury Holdings after the case, the company said that "Notwithstanding today's interim decision to lift the injunction on building works at Bewley's Café, we remain fully committed to safeguarding the unique and irreplaceable architectural and cultural heritage of the premises.
"Contrary to inaccurate commentary and speculation it is not the intention of Ickendel Limited to stop Bewley's Café from reopening . . . We welcome the undertaking from the tenants that certain items and architectural elements which were removed will be reinstated."