Johnny Ronan, ESRI oppose Kavanagh's city docklands plan
Published 17/05/2016 | 02:30
Developer Johnny Ronan and the Economic Social and Research Institute (ESRI) have emerged as opponents to developer Greg Kavanagh's plans to construct a new seven-storey apartment block in Dublin's Docklands.
Last month, Mr Kavanagh - through his Balark Investments vehicle - lodged plans for the block that comprises 91 apartments, including 14 three-bedroom apartments, on St John Rogerson's Quay.
Mr Kavanagh's New Generation Homes paid €42m for the so-called Hickey site that contains the planned development.
A number of objections have been lodged against the proposal, including from Johnny Ronan's Chambury Investments.
Ahead of the planning objections being lodged, Balark Investments - through their legal representatives, William J Brennan & Co - sought to reassure Dublin City Council that it had legal interest to lodge the plans.
The letter stated: "The site consists of eight separate lots, of which lots 1 and 8 are freehold. Lots 2 to 7 consist of long leasehold titles of which our client has acquired the respective tenant's interests.
In the letter, dated March 9, it concluded: "For the avoidance of doubt, the company is the holder of the long leashold tenant's interests for each of lots 2 to 7 under the relevant respective leases. None of these leases require the consent of the freehold owner to make the application."
However, in reply, consultants for Ronan's Chambury Investments claim that the planning application is invalid, cannot be permitted and is wholly at variance with the Special Development Zone (SDZ) Planning Scheme.
The consultants state that the application has been made without the consent of the freehold owner, Chambury Investment Co Ltd, of lots 3, 5 and 7.
The objection states that Chambury Investments' part ownership of the total site area totals 20pc, "is substantial and cannot be ignored".
The consultants state that as no appeal is available in this case, in the event of planning permission being granted, the only remedy available to Chambury would be an immediate application to the High Court for judicial review of any such decision. Chambury include a letter from its own solicitors, Eversheds.
The Eversheds letter submits that "it is wholly misleading for Balark to suggest that our client's consent was not required to apply for such permission when the development cannot be undertaken unless our client agrees to it".
The letter goes on to state: "No consent has been or is likely to be given by Chambury to Balark in relation to the development and Chambury does not consent to the applications for development in respect of these lands."
The ESRI occupies a building nearby and in its objection, consultants for the ESRI state that the proposal should be refused or amended.
The ESRI claims the form, height and massing of the application has the potential to significantly and adversely impact the ESRI property.