Legal row over The Square's redevelopment in Tallaght

A legal row over the proposed redevelopment of The Square in Tallaght has come before the Commercial Court.

The dispute arises out of planned alterations to the centre’s car park while the proposed €30m phased redevelopment work is due to be carried out.

The action has been brought against Dunnes Stores Dublin Company by Square Management Ltd (SML) which manages and owns the freehold of retail units at the Square shopping centre, National Asset Property Management Ltd (NAPML) which owns lands used for car parking at the centre and Indego which is the holder of planning permission for the redevelopment of and construction of new buildings at the centre.

They allege Dunnes Stores, which been been operating a store at the Square on foot of a lease it entered into in the early 1990s, in correspondence earlier this year refused to recognise a notice from SML that common areas including car parking spaces would be altered and redeveloped while the proposed works at the Square were being carried out.

It is claimed Dunnes Stores said the notice had no legal effect or standing. Dunnes it is claimed said it was was not obliged to comply with any timelines in respect of the proposed redevelopment and it did not agree with proposals advanced to it by SML. Dunnes has in related proceedings also challenged the planning permission obtained by Indego, the court also heard.

In their action SML, NAPML and Indego seek declarations including that Dunnes have no estate interest title or claim against certain lands at the Square and the supermarket chain has no right to use the lands for anything, be it carparking or otherwise, beyond the lease it entered into in 1990.

Mr Justice Brian McGovern yesterday admitted the case to the fast-track Commercial Court list.