Planning inspectors found no evidence of “residential use” earlier this year when they visited a property in Dublin which was evacuated last week over concerns that it was a “fire trap”.
The High Court last week heard that up to 52 people had been living in the property in Crumlin which was said to have inadequate fire escapes routes.
The building, at 12-14 Old County Road, had planning permission for retail use but the housing of people there was barred by an order of the court order after Mr Justice Seamus Noonan described the building as a “fire trap”.
When the evacuation order was issued more than 20 people, most of them from Brazil, were staying in the property, described in court as a hostel.
Last November the Dublin City Council planning enforcement office received complaints from local residents alleging unauthorised developments were taking place in the premises.
Four people are connected to the ownership of the property - Yvonne and Edward McEleney, and two individuals named John McEleney, the High Court heard last Friday.
Residents on the nearby Sundrive Road had raised concerns following work at the property before Christmas to install more windows at the back. The property’s planning permission was for retail use, and no “change of use” application was ever submitted to the council, planning records show.
Warning notice
Following complaints to the council’s planning enforcement office a warning notice was issued in December over the alleged unauthorised development at the property.
A spokesman for the council said a representative for the owner of the premises responded to the warning notice in January stating that the installation of windows at the rear of the property was to “increase light entering the building and to aid ventilation”.
The council spokesman said the reply outlined “the owner considered that increasing light may aid the leasing of the property, which had been allegedly vacant for some time”.
An inspection of the property by council planning enforcement officials in April found “the ground floor of the unit was entirely vacant and there was no residential use taking place or any indication that residential use had or was about to take place.”
Following the inspection of the property the planning enforcement file was closed in April.
Last month the council’s fire officer received information from RTÉ staff about fire safety concerns at the property, which was housing a large number of people.
Labyrinth
Following inspections of the property by the council’s fire officers a labyrinth of small rooms was discovered and the property was deemed not to have adequate fire escapes or fire alarms installed.
A spokesman for the Residential Tenancies Board said it had not received any complaints from tenants in relation to the property. He added that if the property was operating as a short-stay hostel, the board would not have jurisdiction over any arrangements between the owner and those living there.
Independent Dublin city councillor Pat Dunne, who works in Joan Collins TD's constituency office next to the property, also brought concerns over building works in the property to the council in December.
Mr Dunne expressed disappointment that inspections by planning enforcement officials were not better coordinated with Dublin Fire Brigade, and that officials did not carry out a follow-up inspection at the premises after April.
“The main concern is planning officials visited this property and didn’t raise the flag,” he said.
