Tuesday 6 December 2016

No Moore Street buildings to be demolished on condition of early hearing

Tim Healy

Published 11/01/2016 | 17:12

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No buildings in Dublin's Moore Street will be demolished on condition there will be an urgent hearing of a dispute over the matter, the High Court heard.

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The dispute was sparked by concerns to preserve as national monuments buildings linked to the 1916 Rising.

The State has agreed none of the buildings at issue will be demolished on condition the necessary steps are taken for a hearing of the case early next month.

Colm Moore, a nominee of the 1916 Relatives Association has, in his proceedings, raised issues including whether some buildings earmarked for demolition, including No 18, are national monuments.

There is a real issue concerning whether No 18 pre-dates, rather than post-dates,  the year 1916, he contends.

Mr Moore, of Sandyford Road, Dundrum, Dundrum, brought judicial review proceedings against the Minister for Arts, Heritage and the Gaeltacht in which he contends several buildings on Moore Street and Moore Lane are national monuments which must be preserved.

Some of the 1916 relatives, including James Connolly Heron, Eamon and David Ceannt and Proinsias O Rathaille, were in court when the case, initiated last month, was mentioned Monday (Jan 11) before Mr Justice Seamus Noonan.

The judge said it had "a certain urgency" and fixed it for hearing on February 2.

The judicial review will be heard alongside separate proceedings by Mr Moore alleging signs fixed to a terrace of buildings on Moore Street are unauthorised development and should be removed.

Conleth Bradley SC, for Mr Moore, said his client had secured leave to bring proceedings in relation to matters concerning a national monument at 14-17 Moore Street and which raised issues relating to determining what is a national monument.

Mr Moore had also initiated an application for injunctions over works - including proposed demolition works - to buildings, mainly at 13-18 Moore Street, but the Minister last Friday gave a without prejudice undertaking, due to expire on Monday, not to proceed with those works, counsel said.

On foot of an agreement for exchange of legal documents, the Minister was agreeing to continue that undertaking.

Seamus Woulfe SC, for the Minister, said the matters in the case related to the establishment of a commemorative centre for the 1916 Rising and there was a certain urgency about it given the Rising centenary commemorations.

His side had undertaken not to demolish any of the buildings at 13-19 Moore Street and would continue that for another two weeks on a without prejudice basis so as to avoid the court having to deal with any injunction application, he added.

The case arises after a terrace of buildings at Nos 14,15,16 and 17 Moore Street were designated as national monuments. They are believed to be the last buildings where leaders of the Rising gathered prior to their surrender, arrests and subsequent execution.

Mr Moore claims certain lands and buildings are part of the “Moore Street Battlefield site”.

He also contends lands and buildings at No 10 Moore Street, bottling stores situated to the rear of No 10, the O’Brien’s Mineral Water works Building at Henry Place, the White House at Henry Place and Hanlon’s at 20/21 Moore Street are of historic national importance.

The Minister has said the properties outside of the terrace at numbers 14 to 17 are of no historical significance.

In his separate proceedings under the Planning Acts, he alleges there has been unlawful interference with the terrace at Nos 14,15,16 and 17 as a result of hoardings and signs being fixed to the front exterior facades.

It is claimed the signage works were carried out without the required ministerial consent. The signs should be removed and the facades restored to their previous condition, it is argued.

Separately last week, a number of activists began an occupation of number 18 Moore Street, which, with numbers 13 and 19, is intended for demolition.

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