Injunction to be sought against Plaza 15.06.07

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 been regularised. The revelation was made at Buncrana District Court yesterday during an application to prevent the granting of an annual dance licence to Indoor Street Ltd.

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 is nonsense". 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., Solicitors. 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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