Leitrim County Council’s bid to obstruct the use of a former hotel for the accommodation of 155 foreign asylum seekers was dismissed by the High Court. Judge Richard Humphreys issued a ruling, noting that the council’s allegations of unlawful use of the Abbey Manor Hotel in Dromahair were unfounded, allowing for the plan to move ahead.
Dromaprop Limited, the owner of the property, had the right to implement a planning exemption to transition the previously closed hotel for the housing of “protected individuals”, under a 12-month contract with the Department of Integration. An order to stop the temporary shelter for asylum seekers at the hotel, desired by the council, was denied by Judge Humphreys.
He also ruled in favour of Dromaprop in a distinct case involving the council’s refusal to validate the company’s building compliance certificate, which pertained to renovations made to convert the hotel for asylum seeker accommodation.
The certificate provided by Dromaprop was declared void by the council in January, and not included in its official register. Judge Humphreys determined that the council’s handling of the compliance certificate was irrational and against the law, siding with Dromaprop.
Niall Handy SC and Kevin Bell, who represented Dromaprop and were backed by Shannon & O’Connor Solicitors, argued that the company was taken by surprise when the council, under local political pressure, decided to invalidate the certificate.
Dromahair locals staged demonstrations in November expressing worries about housing asylum seekers in the hotel. It was observed by Judge Humphreys that there had been relatively cordial exchanges between the council and Dromaprop, until the council took a sudden U-turn.
He criticised the council’s extensive refusal of Dromaprop’s building compliance certificate application as resembling a novice’s attempt at smart decision-making, as if a larger number of rejection reasons would better defend against challenges. The judge concurred with Dromaprop’s assertion that the certificate denial was flawed as it only covered completed parts of the construction, instead of the entire building project.
Dromaprop, an organisation with headquarters located in Lucan, County Dublin, claimed that the information provided was significantly misleading, given that the sections of the building not incorporated in the certification were in the basement, which is not intended for any use.
The Judge indicated that the rules clearly declare a legal aim to permit fractional certification of structures or projects, describing the refusal as vague, belated and generalised. The legally incorrect decision was overruled and the Judge stated that it is the council’s duty to record the certificate immediately, adding that he believes the council does not have to delay more than approximately one day to fulfil this minor formality.
Justice Humphreys still highlighted some remaining legal problems in the council’s case regarding alleged non-adherence of internal construction work with planning approval. Nevertheless, these issues cannot compromise the legitimacy of the change in the hotel’s usage.
While deciding if there is an intention to intensely pursue any remaining worries, the judge stated that the council can take solace in the fact that not only have local sentiments been aired (assuming it’s important, which the council seems to deny), but also that the law has been upheld by not forgiving any illegal actions.
Given the limited potential for non-adherence, Dromaprop might continue to protest about being targeted for intensive examination, the Judge said.
Also, a slight halt in the proceedings gives Dromaprop the chance to make use of any means that might address any concerns of the council or court, he added.