Red Rock Developments is taking legal action against a local resident, Patrick Sheeran, who initially demanded €50,000 and then €100,000 to withdraw his protest against a proposed expansion of a residential project in southern Dublin. Sheeran, a 75-year-old retired chartered surveyor, had protested the proposal of adding an extra storey to a 77-apartment structure on Merrion Road.
In November last year, the construction company requested planning permission, intending to add two penthouse flats to the completed nine-storey building. Sheeran agreed to retract his protest to the Dublin City Council upon receipt of €20,000. The council subsequently authorised the two extra flats. However, when Sheeran did not receive an additional €80,000, he appealed the Council’s decision to An Bord Pleanála (ABP), leading to a major slowdown in statewide cases.
Sheeran explained his demand for more money, saying it was a compensation for his property’s depreciated value and the loss of sunlight in his backyard due to the new apartments. Recently, court documents filed by Red Rock Elm Park Ltd in the High Court indicate its intention to suit Mr Sheeran.
The construction company seeks €20,000 in restitutionary damages and additional compensation for losses caused by project delays. The alleged abuse of the planning process by Mr Sheeran is expected to be claimed in the civil case. The firm also wants a court order forcing Sheeran to withdraw his appeal against the development lodged with the ABP. Legal firm AMOSS LLP is representing the construction company in the case. Mr Sheeran was unavailable for comment on the litigation as of Monday.
Mr Sheeran has formerly rebuffed any idea of pursuing a ‘dismissal fee’ from the developer to cease his planning opposition. “I laid out the total amount I’m demanding for a complete resolution; if they remunerate me accordingly, my claim would consequently be null and void. This would result in my withdrawal from both the proceedings and the proposal,” he stated.