Carlisle Pier

So what are the chances of the Harbour authorities being forced to rebuilt the old part of it?

Bord Pleanala as expected ruled that demolition was unauthorised.

The Reference was taken to An Bord Pleanala by Ciaran Cuffe TD in October 2009 following failure of Dun Laoghaire Rathdown County Council to address complaints made in September 2009, that the demolition was unauthorised. The main basis of complaint was that an amendment to the 2008 Planning and Development regulations reduced the size threshold, under which structures could be demolished without planning permission to 100 sq. metres

The Dun Laogharie Harbour Company proceeded to demolish the 19th. railway station on the pier in September 2009, despite legal complaints that it was unauthorised development. The complaints specifically citing the Planning and Development Regulations 2008, to requiring that planning permission be required for demolition of all “business premises” building over 100 square metres. The Harbour Company on the basis of advise from their Solicitors Mason Hayes and Curran and planning consultants MacCabe Durney Barnes claimed that planing permission was not required. The Council by its inaction colluded in this unauthorised development.

The decision by An Bord Plenala puts in question the competence of both the Harbour Board under the chairmanship of Sean Costelloe, the position of Gerry Dunne Chief Executive, and the professional advice being obtained by the Harbour Company as a State body. Equally impugned are the senior management of Dun Laoghaire Rathdown Co Co who allowed a major unauthorised demolition of a landmark building to occur without planning permission and in disregard of legal complaints to the council.

The Harbour Company and the Local authority must now take action to reinstate the original part of the Carlisle Pier Railway Station, as the focal point for public benefit and recreational activity in the harbour area.

When Public Bodies fail in in legal responsibility, resignations or dismissals should be the consequence.

Given that solicitors and planning consultants for Harbour Company claimed that demilition was exempted, their professional indemnity insurance should now cover cost of rebuilding 19th. C Railway Station.

There is now a specific requirement to address the recovery of costs from the professional indemnity insurance of the advisers to the Harbour Company.

I hope for the advisors sake that they weren’t covered by Quinn Direct who said to be quite slow in getting the cheque out from time to time.

I could understand this happening in 2005 to deliver something like the Liebskind or even STW proposal; but why would you do any site preparation work in 2009?

Just goes to show expressing an interpretation of fact in any legal grey area is lethal; when one reads an SC’s ‘reasoned opinion’ you very rarely see advice to actually do anything concrete.

@Canus wrote:

The Harbour Company and the Local authority must now take action to reinstate the original part of the Carlisle Pier Railway Station, as the focal point for public benefit and recreational activity in the harbour area.

In theory, the unauthorized development consisted of the demolition of the entire structure, not just the concealed Victorian structure underneath, therefore the strict legal remedy would be the reconstruction of the outer shell [i.e ‘the building’], if they wanted to be pig-headed about it.

I’d be inclined to explore some compromises that might be more in the public interest before waving legal writs around the place, much as it would give satisfaction to give a local authority a good kicking.

@Canus wrote:

………When Public Bodies fail in in legal responsibility, resignations or dismissals should be the consequence……….

That’s some high horse you’re on there.
Did you ever hear of the high and mighty High Court? I think the accused are entitled to pay a visit there before they are executed by the mob.

@Canus wrote:

……… claimed that planing permission was not required……………….demilition was exempted, their professional indemnity insurance should now cover cost of rebuilding 19th. C Railway Station.

There is now a specific requirement to address the recovery of costs from the professional indemnity insurance of the advisers to the Harbour Company.

The case appears relatively complex and revolved around definitions and language, in both english and french, (see the BP planner’s report) and the decision was based upon interpretation of specific words.

Given your lack of care with words above, perhaps you might consider appreciating the complexity of legal language and legal interpretations before demanding the dismissal of people from their jobs.

On second thoughts, if it is that you happen to be from Cork, den you’d know boy, dat de ting about de demilition is dat de divil is in de detail.:D

Spending money clearing a high profile site when the construction PMI index is in the 30’s is to my mind a sackable offence.

I agree with you that there is more to this than a simple answer based on the guidance; but anyone with any smarts could see that this site was not going to be developed anytime soon; particularly given the architectural competition would give objectors free license to crucify any spec build standard proposal making its development value as a site significantly diminished.

Why do you need a Dun Laoghaire Harbour Board anyway, even in a bull market?

From
S.I. No. 600 of 2001.
PLANNING AND DEVELOPMENT REGULATIONS, 2001

Column 2 Conditions and Limitations – None

AND

From S.I. 235 of 2008
PLANNING AND DEVELOPMENT REGULATIONS 2008.

3. No such demolition shall be carried out to facilitate development of any class prescribed for the purposes of section 176 of the Act.

ONQ.

http://www.flickr.com/photos/nlireland/6775496591/

National Library shot of inside of Carlisle Pier terminal 23 August 1928

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The railway shed, before the ferry terminal was constructed in front.

View from inside the railway station looking out at Dun Laoghaire

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