Dublin aparthotel ‘right to light’ dispute resolved
Posted on 17th June 2020 at 22:15
Seven-storey development planned in St James’s Street on substantially derelict site
A High Court dispute about a planned seven-storey aparthotel development in James’s Street, Dublin has been resolved.
The dispute between the owners of an apartment block and the aparthotel developers centred on the apartments’ “right to light”.
Tathony Holdings Ltd, owners of the Tathony House apartments at Bow Lane West, had brought the proceedings against JSH James’s Street Hotel Ltd over its plans for a seven-storey aparthotel on a substantially derelict site at 180-184 James’s Street.
Tathony claimed the proposed development will interfere with its “easement of light”. It sought declarations that its property was accommodated by an easement of light over the JSH site. It sought orders including to restrain any development which would interfere with the alleged easement.
JSH claimed the Tathony objection appeared “primarily concerned” that the grant of permission may thwart its (Tathony’s) development ambitions for its own property.
The case was due for hearing next month in the High Court’s fast-track Commercial Court division which was told this week the matter had been resolved following mediation.
Mr Justice David Barniville congratulated the parties for resolving what was a complicated case through mediation. He granted orders, on consent, striking out the proceedings with orders for costs in favour of Tathony.
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