Expert to determine any compensation for hotel neighbours over alleged construction nuisance

High Court Reporter

Talks between residents who protested over alleged nuisance from construction works on a hotel next to their flat complex in Dublin are progressing following moves to appoint an expert to determine if any compensation can be paid to those affected, the High Court heard.

Works on the extension to the Alex Hotel had been stopped following protests by residents last month at a site entrance at Boyne Lane in the south inner city. The residents claimed they were suffering serious noise and other nuisance from the works.

The hotel operators, Sherborough Enterprises Ltd and Persian Properties Unlimited Co, obtained an injunction preventing interference with access to the site.

Four women residents of the flats turned up when the case returned to court including two, Doreen O'Connor and Celine Quinn, who were named defendants in the case.

After the defendants obtained legal advice, it was agreed between the parties that an expert would be appointed to mediate the dispute.

Stephen Walsh, for the hotel companies, said a firm proposal had been made as part of mediation efforts for an expert to be appointed to determine any compensation to which the residents may be entitled.

On Friday, Walsh told the court settlement talks were making progress and he was seeking an adjournment for them to continue.

He understood that the defendants' side was to come back in two weeks with an overall resolution of the dispute.

Counsel said however he was seeking a second part of the original injunction application in relation to non interference with scaffolding on Dublin City Council owned land in the flat complex which is needed to prevent a gable wall collapsing.

The council had given his clients permission to put the scaffolding on the property, he said.

Conor Bowman, for the two residents, said his clients were prepared to give undertakings not to interfere with the scaffolding and he agreed with a two week adjournment.

Justice Brian Cregan, noting the undertakings from the two named defendants, said he expected that in two weeks there will essentially be a report on the progress of the settlement talks.