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KeymasterIt is clear that if the right to acquire the Fee Simple exists that a right of renewal also exists as renewal is a far less onerous status to attain.
It is clear that DCC will be entitled to compensation for any and all damages that the ground landlord or his agents inflict upon the tenants improvements which at this point would qualify as structures and as such bring the holding into the protection afforded to the tenants as a defined tenement.
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KeymasterDartmouth Square case adjourned for talks
11 September 2006 14:12
The landowner, Noel O’Gara, has given an undertaking to the High Court not to park more than two cars on his land at Dartmouth Square in Dublin for the next week.He has also agreed to have discussions with Dublin City Council about possible uses for the land.
The court adjourned the proceedings taken by the city council against Mr O’Gara for a week to allow discussions to take place.
The council wants to stop Mr O’Gara from using the land as a public car park.
I object to the description his land given the implied lease contract that is in place.
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KeymasterBob is right interpretation of the specific wording is at the nub of this;
my guess is that part-letting would be prohibited as the intention of the clause was probably to stop a seperate dwelling and access and parking requirement but that disposal of the entire would be permitted as there would be intensification as opposed to multiplication of effect. Then one provisio I would consider is if an argument was made for extenuating circumstances on the basis of a large family needing more space at a particular location and that a planner granted on this basis where a refusal may have otherwise resulted.
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KeymasterThat proposal is part of a much larger masterplan to redevelop 10 acres in conjunction with DCC
It is in the master planning section
Agreed on the rest of the street it is one of the most disapointing missed opportunities in the City; there is one particularly fine shop front on the left heading into the City that one fears for.
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KeymasterAny links to the source of these Business Improvement Districts
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KeymasterNope
They have secured permission by default but have opened all OPW applications to challenge under the ‘Bad Developer’ mechanism under the 2000 act whereby a High Court challenge can be brought on the basis of a flagrant breach of a past planning condition. As the mechanism attaches to an individual or company or grouping it is far worse than being site specific.
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Keymaster@RTE wrote:
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.
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KeymasterPlease continue to update us; since a colleague left work I have been a little short on stand up
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KeymasterThe cultural link between both groups is further strengthened by their bonds with the ultra independent National Trust of Scotland and semi-autonomous National Trust of Wales.
Scotland is interesting because a politically motivated manouver like Dick’s trick was tried in Scotland with the establishment of Historic or as Alan D would say Hysteric Scotland whose membership application of IUCN was rejected.
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KeymasterWorst the stretch of Sean McDermott St between Marlborough St and Gardnier St for pure lack of ambition, legoesque structures and the wind tunnel effect.
Best
Herbert Place for existing heritage value, adequate on street parking, amenity space and the quality of the existing developments and those planned on the opposite bank
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Keymaster@Chuck E R Law wrote:
An Taisce is not the only trust recognised by IUCN.
Quite correct but other than NTNI it is the only one on the Island of Ireland recognised as a national trust.
@Chuck E R Law wrote:
An Taisce is just one of more than 700 environmental and conservation NGOs which are members of IUCN including the National Trusts of most of the Commonwealth countries.
Exactly and An Taisce are the sole ROI members in each regional grouping.
@Chuck E R Law wrote:
When An Taisce was founded everyone expected that it would perform the same role in the Republic that the National Trust does in the UK. Have a look at the pathetic property portfolio on the AT website. The jewel in the crown, Kanturk Castle, was actually a hand me down from the UK Trust.
The 1905 incarnation of the National Trust led by Yeats and Lady Gregory had exactly the same ideals as present day An Taisce and when the political context was right the UK National Trust were more than happy to return Kanturk Castle to the only custodians they trusted.
@Chuck E R Law wrote:
You are obviously not impressed by “what is currently being discussed†but at least somebody is trying to address this gross dereliction of a national duty.
I am very comfortable with what is being discussed but without knowing the facts I will not advise anyone one way or the other.
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KeymasterAs someone who worked an angle from a desk top position but exceded the initial instruction by visiting sites when the figures didn’t stack up I can say from experience that the printed rarely reflects what is the actual reality on the ground.
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Keymaster@Chuck E R Law wrote:
It is fair to say that theseThree Amigos thought they were setting up a National Trust for Ireland. We are still waiting for it 60 years later.
That quote sums you up quite nicely;
Sean MacBride; A legend in historical and political circles
O’Dailligh: The fifth President of Ireland and Supreme Court Judge responsible for many headline cases still headline cases 30 years later
Arthur Cox; founder of the most successful commercial legal practice in the history of IrelandFor your information An Taisce has been the only trust recognised by IUCN and has been for a very long time; if you think that what is currently being discussed will do anything more than gold plate 2 or 3 large houses then you are every bit as niave as your user name suggests.
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KeymasterThe late Arthur Cox was along with Sean McBride and Cearbhall O’Dailligh a founding member of An Taisce so it is fair to say they have been building up expertise for at least 60 years
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KeymasterThe figures look poor i.e. a 1.25% annual return for the local economy with no indication of what operating revenues would be and with interest rates at 4-5% for this type of finance it doesn’t look particularly viable.
Is this another Vega City?
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KeymasterIt depends on the local authority but I have heard of situations where the documents are not made available save for a request under FOI
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KeymasterPity there isn’t a carbon trust to get individuals like this to form into an orderly market with ancillary back up provided.
August 18, 2006 at 9:51 am in reply to: The massive effect of the placement of parking in high density areas #782927admin
KeymasterDevelopments like the Old Distillery and Custom House Square have combined the best of both Worlds with convenient parking for residents combined with very pleasant amenity space at street level.
The one issue that gets me is when in high density areas the small amount of curtilage left is converted into surface parking.
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KeymasterStrategy often forms part of getting what you want out of the planning system; the use of past precedents either for or against a particular proposal holds the key to influencing the outcome.
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KeymasterMost of Balbriggan did not survive the 1920-2 period which is a real pity as from the pictures I’ve seen it looked like a very pleasant place;
you may get further info at Skerries Mill heritage centre
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