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Thursday 19 October 2017

The Square set for €30m extension after appeal ruling

The Square Tallaght.
The Square Tallaght.

The Court of Appeal has cleared the way for the construction of a 200,000sq ft extension to The Square Shopping Centre in Tallaght.

Dunnes Stores, one of its anchor tenants, had appealed a High Court decision in favour of the owners and operators of the shopping centre, who want to build the extension.

Yesterday, a three-judge appeal court upheld the High Court finding allowing the extension to be built.

The case was adjourned to allow Dunnes to consider whether it wants to bring a further appeal to the Supreme Court on a point of public importance and for the issue of costs.

The Square was Ireland's first large shopping centre, and Dunnes had argued that the €30m extension plan, on what is currently the northern car park, would inconvenience its shoppers, who would have to travel farther to get to its store.

The Square Management, which manages and operates the freehold of the centre's units, along with National Asset Property Management, which owns lands used for car parking at the centre, and Indego, the extension developers, went to court seeking declarations that Dunnes has no estate, interest or claim over the car park.

They argued the supermarket chain has no right to use the lands for anything, be it car parking or otherwise, beyond a lease it entered into in 1990.

It is also claimed that Dunnes was trying to frustrate the development.

Dunnes opposed the application.

Last March, the High Court found in favour of the Square plaintiffs.

Rights

Mr Justice Max Barrett found the lease for the centre en- titled the landlord to carry out development on the northern car park and Dunnes did not enjoy an irrevocable right for its customers to park there.

Dunnes appealed the dec-ision, and the plaintiffs also lodged a cross-appeal.

In her judgment on behalf of the appeal court, Ms Justice Maire Whelan found that while Dunnes had certain rights confined created under a certain lease, a licence created under that lease did not create any proprietary rights in favour of the retailer.

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