Re: Re: Dartmouth Square Disgrace
Court orders halt to parking on Dublin square
05 September 2006 17:36
The High Court has ordered that Dartmouth Square in Ranelagh in south Dublin should not be used as a car park.
Dublin City Council took court proceedings after the owners of the park, Noel O’Gara and his company, Marble and Granite Tiles Ltd, refused to give an undertaking to stop using the square as a car park.
The barrister for the city council, Ms Carol O’Farrell, said using the square as a car park was a material change of use and needed planning permission.
Mr O’Gara told the court he could invite anyone he wanted on to the land.
There will be a full hearing of the case next Monday.
Landlord and Tenant law provides for the ‘quiet enjoyment’ of lands that are held with exclusive possession for a fixed term under a lease contract; the term is in force until formally terminated. I do not find commercial or any other car-parking to be compliant with quiet enjoyment without consent of the Lessee who having brought this challenge are unlikely to grant any such application for consent.