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Nightclub owners lose fight on appeal

WESTWOOD Leisure Club in Dublin has been refused leave to appeal to the Supreme Court over a ruling that its Bar Code nightclub is an unauthorised development.

Mr Justice John Hedigan rejected claims last month by the club's owners, Templeville Developments, that there had been a breach of fair procedures by Bord Pleanala in refusing a bid to retain the nightclub use of the Clontarf premises.

The judge also rejected its claim that there was a failure to have proper regard for the Dublin City Development Plan.

Michael Collins, for Westwood, yesterday asked the judge for permission to appeal his decision to the Supreme Court on a points of exceptional public importance.

Mr Collins said the club wanted the Supreme Court to determine whether Bord Pleanala should be required to explain why it refused permission sufficiently clearly to allow the club to assess the prospects of succeeding with a new proposal.

Mr Collins said, in any case, the club was preparing an alternative plan which would scale down the premises.

Nuala Butler, for Bord Pleanala, said there was nothing new or novel in what the club was arguing for in terms of it being an exceptional point of public importance. Conleth Bradley, for the council, agreed.

Mr Justice Hedigan rejected the club's application saying there was no point of exceptional public importance raised in relation to what the uses of the club should be.

The planning authority did indicate what use was permissible at the club -- a bar ancillary to the club's main activities, the judge said.