A SHOPKEPER claims he and his family have had to move out of their home behind the shop because of noise nuisance from a restaurant which is part of the Dundrum Town Centre in Dublin.
David Cooper today failed in a High Court application seeking to have the town centre management company and its owners pay the costs of a legal action he took over the matter which was only dealt with after he initiated proceedings.
Mr Cooper's newsagents and home back on to the Port House tapas restaurant whose landlord is the town centre owners Crossridge Investments Ltd.
Mr Cooper complained that noise from an outside dining and drinking area into the early hours of the morning caused him, his wife and three children to move out of their home at the rear of the shop last November.
He claimed the restaurant was in breach of its planning permission which required the outside dining area be cleared at 10pm.
He also claimed there was an unauthorised portacabin structure in the restaurant grounds which was also a source of noise nuisance.
Last July, he inititated legal proceedings against Crossridge as landlords and against Dundrum Town Centre Management Company alleging failure to comply with planning.
Mr Justice Colm MacEochaidh was told that shortly after the case was launched, the restaurant, which was not a party to the proceedings, took steps to rectify the planning issues.
As a result, those proceedings were rendered pointless, or moot.
Today, Mr Cooper, who the court heard has separate proceedings over noise nuisance pending, asked the judge to grant him the costs of having to take the case.
Mr Justice MacEochaidh refused to grant him his costs saying that when Mr Cooper's wrote to Crossridge last July, he did not give the defendants enought time to deal with what was a complex request before initiating court action.
The judge also refused a cross-application from the defendants for their costs.