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Mystery objector successfully stalling Dublin city centre getting its first new cinema in years

Legal firm Arthur Cox says the company behind objection doesn’t exist.

A MYSTERY OBJECTOR is successfully stalling Dublin city centre getting its first new cinema in a number of years.

Last November, Dublin City Council granted planning permission to Green Reit for a two-screen cinema in the basement area of the landmark building One Molesworth Street, which also houses the Ivy restaurant.

However, the plan was put on hold after DET Ltd with a Dún Laoghaire address - 13 km from the proposed cinema – appealed the decision to An Bord Pleanala last December.

Appeals generally taken four months and Green Reit wants the appeal lodged by DET Ltd against their plan thrown out.

Green Reit has told An Bord Pleanala that DET Ltd doesn’t exist and that the appeal lodged “is vexatious, frivolous and without foundation”.

Consultants for Green Reit, John Spain & Associates have told the appeals board that the appeal is vexatious “and has been made with the sole intention of frustrating and delaying the current development proposal”.

Green Reit has employed top legal firm, Arthur Cox to support its case.

Arthur Cox has told the appeals board that DET Ltd is a non-existent entity.

Arthur Cox stated that DET Ltd did not exist when it lodged its objection against the cinema plan with the Council last year and still did not exist at the time of lodging the appeal.

The legal firm has called on the appeals board to dismiss the appeal as it is not possible for DET Ltd to confirm its address as the company doesn’t exist.

The appeal before An Bord Pleanala remains ‘live’ in spite of the city council writing to the appeals board on 3 December last advising that no appeal comments should be accepted by S O’Neill of DET Ltd as the objection lodged by DET Ltd against the cinema plan was declared invalid by the council.

The Council wrote to the Dún Laoghaire address provided by DET Ltd last November telling the company that following a review of the DET Ltd submission and legal advice from the Council legal department the DET Ltd submission was declared invalid.

The Council also included a refund of €20 to DET Ltd for the objection made.

The Council removed the DET Ltd submission from its file.

In the submission on behalf of Green Reit, John Spain & Associates also claim that the appeal “is without any substance or foundation”.

The appeal lodged by DET Ltd claims that there is insufficient footpath for the cinema queues, has no parking and is contrary to proper planning.

Spain states that the points raised in the appeal “are not substantiated and do not reflect any engagement with the substance or details of the proposed development”.

The appeals board has written to DET Ltd to seek its response to the points made by the Green Reit submission.

The Dawson Street cinema will contain two small auditoriums with a capacity for 72 and 51 respectively.

Green Reit has stated that the intended operator of the proposed cinema is Everyman, an established boutique cinema operator based in the UK and the Dawson Street proposal is to be Everyman’s first operation here.

A decision is due on the appeal in April.

Author
Gordon Deegan
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