A SHOPKEEPER claims he and his family were forced out of their home behind his business because of noise nuisance from a Dundrum restaurant.
But David Cooper yesterday failed in a High Court bid to make 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 owner, 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 back of the shop last November.
He claimed the restaurant was in breach of planning rules which required the outside dining area be cleared at 10pm.
He also claimed there was an unauthorised Portacabin in the restaurant grounds which was a further source of noise nuisance.
He started legal proceedings last July against Crossridge as landlords and Dundrum |Town Centre Management Company for allegedly failing to comply with planning requirements.
Mr Justice Colm MacEo-chaidh was told yesterday 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.
Mr Cooper, who the court heard has separate proceedings over noise nuisance pending, asked the judge to grant him |the cost of having to take the case.
But Mr Justice MacEochaidh refused saying that when Mr Cooper's wrote to Crossridge last July, he did not give the defendants enough 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.