Developers Of Planned 98-Bedroom Dublin Hotel Say Project Could Be Delayed By Dispute Over Laneway
The Commercial Court has heard that the developers of a 98-bedroom hotel on the site of the former Boland's Bakery, off of Dublin's Capel Street, claim that the project could be delayed because of a dispute over a laneway between the site of the proposed hotel and a neighbouring property.
An Bord Pleanála's approval of Beannchor's proposed 98-bedroom hotel, which has been design by Dublin-based ODOS Architects, followed its rejection of plans by Beannchor subsidiary Cathedral Leisure for the development of a 62-bedroom hotel on the same site last year.
Dublin City Council subsequently gave Cathedral Leisure the green light to develop a 98-bedroom hotel on the site of the former Boland's Bakery in February of this year, but it was noted at the time that the plans could still be appealed to An Bord Pleanála.
However, according to The Irish Times, An Bord Pleanála rejected an appeal by a number of parties against Dublin City Council's decision to approve planning permission for the proposed hotel on the former Boland's Bakery site.
According to The Irish Independent, Cathedral Leisure has now said that the development of the planned hotel, which it hopes to start in early 2022, could be delayed by a claim by the owners of number 27 Little Mary Street, which is used as the Bullet Duck and Dumplings restaurant, that a doorway to the laneway between the two properties that has been in place since 1991 forms part of the permission for the restaurant premises for preventing a fire hazard, and that Cathedral Leisure does not have the right to block up the doorway and this amounts to trepass.
Cathedral Leisure group finance director James Sinton reportedly said in an affidavit seeking entry to the commercial court that the title documentation for the site does not include evidence of any right of way or easement between the hotel and the restaurant building.
However, the owners of number 27 Little Mary Street are reportedly asserting a right-of-way through the lane.
Sinton reportedly said that this assertion could significantly impact the development of the planned hotel, and its design may have to be revisited if such a right exists.
Sinton reportedly said that it is a matter of commercial urgency that this be determined as soon as possible as it could impact the financing of the project.
Mr. Justice David Barniville reportedly admitted the case to the fast-track Commercial Court.
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