Injunction to be sought
Buncrana Town Council
is to seek an injunction against a local
organisation to prevent it holding events at the
Plaza, Buncrana, until all planning matters have
The revelation was made at Buncrana District Court
yesterday during an application to prevent the
granting of an annual dance licence to Indoor Street
The organisation runs
tea dances, concerts and hosted a number of events
during the Buncrana Traditional Arts Festival, Ar
Ais Aris, in March.
Solicitor Pat McMyler appeared on behalf of a number
of individuals who are objecting to the granting of
the dance licence.
"The Plaza is a building where a lot of unlawful
development has taken place.
Dancing takes place in
premises where there have been works carried out in
breach of the planning regulations. You won't find
this anywhere," he said.
He told the court that Indoor Street Ltd., called
itself a registered charity, adding, "We think this
He said fire safety certificates that were issued
before development works were carried out, had
lapsed. And he said his clients had "lost
confidence" in Buncrana Town Council who had failed,
despite a number of breaches, to issue enforcement
proceedings against Indoor Street Ltd.
"The local authority has demonstrated an inability
or an unwillingness to bring enforcement
proceedings. My clients just want order and
regulation and fairness," said Mr. McMyler, of Dorrian & Co.,
Indoor Street Ltd., the court heard, had made
applications to the local authority for retention of
works undertaken without planning permission.
The court also heard that a referral of the case to
An Bord Pleanala was also planned. But Mr. McMyler
strenuously objected to the case being referred to
the planning appeals board. He urged Judge Desmond
Zaidan to keep the case within the courts.
"The courts are superior to An Bord Pleanala. If it
goes to An Bord Pleanala, it leaves everybody
without a say," he said. "We want the case to go
on," he added, saying an adjournment would allow the
Plaza to continue operating in the meantime.
Judge Zaidan acknowledged that Mr. McMyler had been
instructed "to object strenuously" to the granting
of the dance licence.
Solicitor for Indoor Street Ltd., Ciaran
MacLochlainn described Mr. McMyler's "tirade" as
"completely inaccurate". Judge Zaidan adjourned the
dance licence application until July 11th, when
further submissions would be heard.
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