A planning appeal against the proposed demolition of a mid-19th century house off North Circular Road in Dublin has been put on hold pending the outcome of judicial review proceedings taken by its owners, the Irish Christian Brothers.
The High Court action is being taken by the Brothers even though Dublin City Council decided last June to approve plans to demolish Highfield House (now known as Cluain Mhuire) to make way for 164 apartments in blocks up to seven storeys high.
Local Independent TD Tony Gregory described the case as "most unusual" and warned that if the Christian Brothers won their legal action, "they will get permission by default with no conditions and the residents' appeal will be set aside".
He also said approval for demolition was issued despite a planning department report recommending that Highfield House should be added to the council's Record of Protected Structures because of its architectural, historical and social interest.
In its appeal, the Rathdown Road and District Residents' Association noted that Highfield House was originally built as a residence for the stationmaster of nearby Broadstone station and had probably been designed by the same architect, JS Mulvany.
Broadstone was the headquarters of the Midland and Great Western Railway until it closed in 1961.
Highfield House was acquired by the Christian Brothers in 1939 as an administrative centre, including offices for its one-time school magazine, Our Boys.
The residents' association pointed to the fact that Floraville House in Inchicore, built by the Great Southern and Western Railway for the stationmaster at Kingsbridge (now Heuston), had been retained in an apartments development on its site.
Arguing that Highfield House was "more impressive", the association noted that the council's conservation section had recommended that all of the structures on the Highfield site, including its gate lodge, gate piers, railings and trees, should be protected.
This was disputed by historic buildings consultant David Slattery.
He said in a report for the Christian Brothers that there was no justification for proposing that the house and its associated structures should be protected on the grounds of architectural significance.
The planning department then commissioned a second opinion from conservation architect John Redmill.
His report concluded that the building should not be demolished and suggested it could be retained as part of any development proposal.
Shortly afterwards, however, the council issued its decision to grant permission, subject to a number of conditions.
These included retention of the gate lodge, which it said should be restored rather than moved and rebuilt to widen vehicular access to the site.
Geraldine Lardner, who lodged the appeal on behalf of the residents' association, said the Christian Brothers were challenging the decision on the basis of the extended length of time it took to issue.
"We are told it will take two years before it reaches the High Court."
She queried why the applicants were taking the action, even though they had "got their way", and suggested that the real reason for the judicial review was to "avoid the possibility of An Bord Pleanála overturning the decision" as a result of the residents' appeal.
A spokesman for the Christian Brothers said they had requested a stay on the processing of this appeal pending the outcome of legal proceedings to determine the status of the city council's decision.
"Further comment would be inappropriate at this time," he said.
