Courts / Dublin / Report
City homeless shelter must close by May unless planning is regularised, High Court told
Summary
The High Court has ordered that a Dublin City centre homeless shelter must close by May 1, 2018, unless its planning status is regularised. Mr Justice Donald Binchy granted final orders in proceedings brought by applicants Carman's Hall Community Interest Group, Michael Mallin House Resident's Association, and Elizabeth O'Connor against Dublin City Council (DCC). The applicants alleged that DCC's October 28, 2016 decision to authorise the conversion of Carman's Hall into a hostel was unlawful and breached planning laws. DCC opposed the application, arguing the facility addressed a humanitarian crisis. The judge held that DCC's decision was in material contravention of the local development plan, noting that proper consideration was not given to the over-concentration of such facilities in the area. Consequently, the court quashed DCC's decision and declared it a material contravention of the plan. However, a stay on these orders was agreed upon, allowing the facility to remain open until May 1, 2018, provided DCC takes steps to ensure compliance with planning laws. The judge awarded the applicants their costs for the main proceedings but ruled that both parties should pay their own costs for a previous pretrial application where DCC successfully lifted a stay. The judge commended the residents for agreeing to keep the facility open during the winter.
Who, what, where, when and why
What: Report matter: City homeless shelter must close by May unless planning is regularised, High Court told. Procedural stage: hearing_or_decision
When:
- May 1st, 2018 Hearing Or Sentence
- October 28th 2016 Hearing Or Sentence
- October 28th Hearing Or Sentence
- December 2016 Other
- Christmas 2016 Other
- 2017-12-08 Publication
Case subjects
Applicant
Applicant
Applicant
Applicant
Places mentioned
- Francis Street
- High Court
- Michael Mallin House
Topics
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