Carman’s Hall hostel must close unless planning status is regularised

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The High Court quashed Dublin City Council’s planning decision for Carman’s Hall hostel after finding it materially contravened the local development plan. Under an agreement reached by the parties, the hostel could remain open until 1 May 2018, but would have to close unless its planning status was regularised.

Mr Justice Donald Binchy made his finding in October 2017. The case returned to the High Court for final orders on 8 December, when the judge was told that the parties had agreed a stay on the orders until May. The council consented to the orders.

The facility on Francis Street, in Dublin’s Liberties, opened before Christmas 2016 as emergency temporary accommodation for rough sleepers. It had 51 beds and was run by the Simon Community and the Salvation Army.

Local residents brought the proceedings, alleging that the council’s decision of 28 October 2016 to authorise the change of use and refurbishment was unlawful. The council opposed the application, arguing that the hostel had opened to deal with the “humanitarian crisis” of rough sleeping in Dublin.

The judge awarded the residents their costs of the proceedings. He ruled that each side should pay its own costs for a pre-trial application in which the council had succeeded in lifting a stay, allowing the facility to open in December 2016.