Courts / Limerick / Report

Council alleged to have relied on input from competitor in enforcement order

Date
2019-10-21

Stage
Hearing Or Decision

Primary locality
Limerick

Summary

In a High Court case, Centz Retail Holdings, Centz Stores 7 Limited and director Mr Naeem Maniar challenge Limerick City and County Council's enforcement notice issued in August over a planning breach at the 'Homesavers' premises in City East Retail Park. The notice alleges Mr Maniar violated a condition that the unit may only sell bulky household goods. Mr Naeem Maniar's counsel, Neil Steen SC, argues the council relied improperly on input from a competitor with alleged ulterior motives, failed to consider the group's submissions, misinterpreted the condition, and applied it inconsistently across the retail park. The applicants seek to quash the enforcement notice and obtain declarations that the council erred in law, acted contrary to fair procedures and breached natural justice. Permission to proceed was granted ex‑parte by Mr Justice Seamus Noonan, with the matter to return in December.