As court proceedings continue in the attempt to have the unauthorised development at Chianti Park, Brittas, closed following the failure to comply with an enforcement order issued by South Dublin County Council, I was reminded on Monday of another development involving another major IPAS contractor.
On Monday, the Commercial Court heard a claim by Peter Dunlea of Rialto Temporary Accommodation that the withdrawal of a contract by the Department of Integration earlier this year will result in losses of more than €17 million.
Dunlea had been told by Department officials on April 25 that the contract “might not proceed.” It was thought to be one of 12 IPAS contracts referred to by Minister for Justice, Jim O’Callaghan, which had been ended following review.
The Dunlea case recalled for me a successful appeal by Lismore man, Pat Gibney, against the use since February 2023 of the Lismore Hotel as an IPAS centre following the approval of an exemption by Waterford City and County Council.
The centre had opened to local protests organised by Brian Buckley and others supported by Lismore Social, Economic and Community Group. A spokesperson for the Group, owner of a clothing business Out of the Clozet, Joanne Roche, said at the tíme that the use of the hotel as asylum accommodation would have negative impacts on the town.
The hotel had been closed since 2016 and was bought by MCHT, now registered as Lore Prop Co Limited, in 2021. That company is owned by Peter and Sandra Dunlea through Petecon Holdings. To date it has received almost €10 million in IPAS payments.
The new owners began an expensive publicity campaign in 2022 which led the local community to believe that the hotel, formerly known as The Cloisters, would be reopening as a much needed hospitality centre and a significant boost for local tourism and business in the west Waterford region.
That was not to be and when Waterford City and County Council approved an exemption on May 25, 2023 – three months AFTER the hotel began to accommodate applicants for International Protection, Pat Gibney lodged an appeal with An Bord Pleanála (now An Coimisúin Pleanála) on June 19, 2023.
His appeal was upheld in January this year when ACP ruled that there could be no exemption under Section 5 of the Planning and Development Act 2001 as the works had included those which had no planning permission as required for the change of use of a Protected Structure.
The hotel has been there since the late 1700s. The Coimisúin report found that the works “materially affect the character” of such an old historic building and did not meet the criteria even as set out in Class 14 and 20F of the amended 2001 Act which is commonly cited when contractors and owners seek an exemption for change of use to asylum accommodation.
The owners of the Lismore Hotel had failed to produce evidence that there would be no adverse impact on the existing building, and had not submitted any architectural impact report as had been requested. ACP ruled that, since 2022, a series of works including boundary changes,a modified facade and the removal of internal bars and lobbies and other sections to make room for dormitories were unauthorised.
What ought to have followed this was the issuance of an enforcement order from Waterford City and County Council. That has not happened and the hotel is estimated to currently accommodate around 120 people according to local people I have been in contact with.
One of the protest organisers, Brian Buckley, made me aware of the failure to take an enforcement order and that Lore Prop have continued as though Pat Gibney’s appeal had never taken place or been upheld. He told me that “it is very disappointing that its coming up on three years in February regarding Lismore Hotel since this issue arose. That tells its own story as to what is happening regarding procedures and planning when it comes to Ipas centres and the lack of enforcement all the while these owners pocket millions of euro at the taxpayers expense.”
Rather than being forced to close the centre, Lore Prop have taken court proceedings which were due to begin on October 13. An Coimisúin Pleanalá did not contest the contractor/owner’s request for a deferment to address certain issues and it seems that it may return to the High Court in December.
Meanwhile, as we referred to above, the Dunleas are engaged in another case against the State concerning the withdrawal of a contract in Dublin. While Peter Dunlea is crying poverty before the courts, since the Lismore contract was secured MCHT (now Lore Prop Co Limited) has coined just under €10 million in asylum accommodation payments.
The fact that the Lismore Hotel is still in use despite the planning authority decision is largely due to the fact that Waterford City and County Council did not issue an enforcement order. The work therefore ploughes on regardless.