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A MYSTERY OBJECTOR is successfully stalling Dublin city centre getting its first new cinema in a number of years.
Last November, Dublin City Council granted planning permission to Green Reit for a two-screen cinema in the basement area of the landmark building One Molesworth Street, which also houses the Ivy restaurant.
However, the plan was put on hold after DET Ltd with a Dún Laoghaire address - 13 km from the proposed cinema – appealed the decision to An Bord Pleanala last December.
Appeals generally taken four months and Green Reit wants the appeal lodged by DET Ltd against their plan thrown out.
Green Reit has told An Bord Pleanala that DET Ltd doesn’t exist and that the appeal lodged “is vexatious, frivolous and without foundation”.
Consultants for Green Reit, John Spain & Associates have told the appeals board that the appeal is vexatious “and has been made with the sole intention of frustrating and delaying the current development proposal”.
Green Reit has employed top legal firm, Arthur Cox to support its case.
Arthur Cox has told the appeals board that DET Ltd is a non-existent entity.
Arthur Cox stated that DET Ltd did not exist when it lodged its objection against the cinema plan with the Council last year and still did not exist at the time of lodging the appeal.
The legal firm has called on the appeals board to dismiss the appeal as it is not possible for DET Ltd to confirm its address as the company doesn’t exist.
The appeal before An Bord Pleanala remains ‘live’ in spite of the city council writing to the appeals board on 3 December last advising that no appeal comments should be accepted by S O’Neill of DET Ltd as the objection lodged by DET Ltd against the cinema plan was declared invalid by the council.
The Council wrote to the Dún Laoghaire address provided by DET Ltd last November telling the company that following a review of the DET Ltd submission and legal advice from the Council legal department the DET Ltd submission was declared invalid.
The Council also included a refund of €20 to DET Ltd for the objection made.
The Council removed the DET Ltd submission from its file.
In the submission on behalf of Green Reit, John Spain & Associates also claim that the appeal “is without any substance or foundation”.
The appeal lodged by DET Ltd claims that there is insufficient footpath for the cinema queues, has no parking and is contrary to proper planning.
Spain states that the points raised in the appeal “are not substantiated and do not reflect any engagement with the substance or details of the proposed development”.
The appeals board has written to DET Ltd to seek its response to the points made by the Green Reit submission.
The Dawson Street cinema will contain two small auditoriums with a capacity for 72 and 51 respectively.
Green Reit has stated that the intended operator of the proposed cinema is Everyman, an established boutique cinema operator based in the UK and the Dawson Street proposal is to be Everyman’s first operation here.
A decision is due on the appeal in April.
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Not that much of a mystery, the appellant shares an office address with a national cinema operator, who would be well known in the industry. Whats going on with the non-existent company name on the objection letter is anyone’s guess, but I think the origin is obvious enough.
@Rochey77: Zero sympathy for any REIT. Pay very little Tax, purchased 95% of apartments last year and as a result not allowing first time buyers get onto the property ladder. And increasing the rental prices
@Whoswho: Green REIT portfolio has zero residential.
Just throw out the planning laws and start again. If you want to object to any development what so ever the burden of proof needs to be on the objector to satisfactorily demonstrate that the development will have a material negative effect on existing property, quality of life or success of business, with obvious exceptions such as competition not being a valid reason.
Our planning system is tedious, slow, costly and regardless of the size of the project it just takes one hoop one the other side of the country to delay the whole thing by years and end up in the high court.
I’d go so far as to say frivolous and malicious objections should be a criminal offense.
@Sean Fahey: hear hear
Was it not someone in Wicklow objecting to Apples planned development in Galway a few years ago and we wonder why everything takes forever ……
@Sean Higgins: And said Wicklow based objector also had land in their native county, which they were trying to build their own data centre on…..
@Stephen Small: And said objector drinks the odd time in Delgany village and is hissed at and reviled
@Stephen Small: Imagine that. No conflict of interests at all. Pretty sure that’s not why we have a planning system, for rivals to object under fake names.
@Sean Higgins: They were from Cork and proved that every man and woman in Ireland would end up paying carbon tax on the electricity they use. We have more data centres per person in Ireland cause we are so kind.
Amazing. One objector stops this, yet hundreds couldn’t stop development at St Anne’s Park?
@Al Moore: one objection has not stopped it, just put an obstacle in its way. It would only be stopped if An Bord Pleanála refuses it. Besides, planning issues are not a vote. It doesn’t matter how many people object, if there is no planning reason to refuse something it won’t be refused.
@Al Moore: I thought there was a shortage of places to live in Dublin? These apartments are being built beside St Anne’s Park, not inside it.
An taisce special agent?
This was how people would extort money out of developers back in the 80s.
No descision until April? For crying out loud, there must be some way of speeding up this kind of process. A fake objection and a 5 month wait is nonsense.
Picture This
….
What’s the mystery? It’s IMC, who own the Savoy.
“Second Troika” needed to sort the “Planning HSE” …. “Official Objectors” …
Jail if you build your own house …. Breanndan Begley – Kerry
https://www.rte.ie/news/ireland/2020/0219/1116382-breanndan-begley-kerry/
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