Van's wife had a deal with neighbours over views, says architect
Published 08/10/2015 | 02:30
An architect says he agreed with an architect representing Michelle Morrison's neighbours that views from her home would not be affected by redevelopment work on the neighbouring house in Dalkey, Co Dublin.
Professor James Horan represented Ms Morrison in pre-planning application discussions with architects for the neighbours, Conor and Eileen Kavanagh, the High Court heard.
He was giving evidence on the second day of an action by Ms Morrison - wife of singer Van Morrison - against the Kavanaghs in which she alleges they breached an agreement that views from her home of Dalkey Island would be preserved in the redevelopment.
Prof Horan said it was agreed during those discussions the view would be preserved by leaving the wall at the end of Ms Morrison's garden as it was and that there would be no planting behind the wall which would be higher than that wall.
Prof Horan said the main purpose of the meeting with the Kavanaghs' architect was to ensure there would be no objection from the Morrisons when the planning application was submitted.
Prof Horan said no objection was lodged but a letter of observation was submitted to the planning authority. This was done, he said, to ensure that in case the planning authority gave permission with certain conditions, then his client would have a right to be included in any subsequent appeal process. Without a letter of observation, that right would be eliminated, he said.
Mr Justice David Keane had urged the parties on the opening day - of a hearing expected to last 10 days - to consider mediation. Following talks on Wednesday, the judge was told there had been no agreement.