The council will initiate legal proceedings against the developer for the demolition of a house in O’Rahilly

O’Rahilly’s home will be demolished in August.

Source: RollingNews.ie

The DUBLIN CITY COUNCIL will initiate legal proceedings against developer Derryroe after the demolition earlier this week of the home of 1916 leader The O’Rahilly in Ballsbridge.

The property at 40 Herbert Park, once owned by the 1916 leader, was razed by a company developing the site Tuesday morning.

Dublin city councilors had passed a motion earlier this month for the property to be added to the Register of Protected Structures, which would have prevented its demolition.

The City Council has said that it does not consider that there was an infringement on the part of the developer not to endanger a protected structure as there is an active planning permit for a site.

However, the Council wrote to Derryroe yesterday saying it believes a number of conditions attached to the planning permit were not met prior to the demolition.

Earlier this month, An Bord Pleanála granted Derryroe permission to develop the site, despite objections from local residents, Sinn Féin TD Chris Andrews, Dublin City Councilor Micheál Mac Donncha, the Alliance of Relatives 1916 and O’Rahilly’s grandson.

The Council has instructed its legal department to initiate legal proceedings under the Building Control Laws 1990 to 2014 for “deliberately or recklessly submitting information to the Building Control Authority that is false or misleading in a material respect “, according to a letter to which he had access TheJournal.ie.

In addition, the Council has also issued a Notice of Compliance on the site after “construction began prior to the fulfillment of the conditions set forth in the planning permit,” the Council said.

All construction works on the site must cease to follow this order.

The site on Tuesday afternoon.

Source: Sam Boal

It also emerged earlier this week that the Council wrote to Derryroe on September 2 requesting that the property be granted access to its conservation section to examine the “special interest” of the structure following its proposed addition to the RPS .

The council planned to conduct a full written assessment and photographic record of the structure, but this was not provided despite the council’s letter.

Speaking at the Dáil on Wednesday, Taoiseach Micheál Martin said: “I think given the importance of The O’Rahilly in terms of the War of Independence and its historical significance, I think yesterday to tear it down … to destroy the building is absolutely shocking. “

The house was built in 1907 and O’Rahilly, the only 1916 leader who died in battle, was the first occupant of the property. His widow lived there until her death in the 1960s.