Hibernia Reit Luas appeal rejected

The developers of the site where U2 recorded some of their albums have failed in their battle with Dublin City Council over a disputed Luas Red Line payment of almost €500,000.

Hibernia Reit is one of the largest property players in the country and in 2014 purchased the Windmill Lane studio site and adjoining site at Sir John Rogerson’s Quay for a combined €25.25m.

Last year, Dublin City Council gave the property firm the go-ahead for revised plans to construct a €50m mixed-use development on the Sir John Rogerson’s Quay site adjacent to the former U2 studio site at Windmill Lane on the south side of the River Liffey where The Rolling Stones, Van Morrison, REM, Sinéad O’Connor and Elvis Costello also recorded.

However, arising from a 2013 Dublin City Council contribution scheme for Luas Docklands, the City Council slapped a €472,878 bill on Hibernia towards contributing to the Luas line from Connolly Station to Point Square in the docklands area.

In its decision, the City Council said it is considered reasonable that the payment of a contribution in respect of the public infrastructure and facilities benefiting development in the Luas C1 line area be made.

However, Hibernia appealed against the condition demanding the €472,878 to Bord Pleanála. In its appeal drawn up by consultants, it claimed the contribution condition “seeks to retrospectively apply a development contribution to a development which was originally granted planning permission in November 2008”.

However, the inspector in the case has described the grounds of the Hibernia appeal as “implausible”.

The inspector said it would be unjust to allow the applicant to avoid the obligations that were duly imposed by the proper adoption of the supplementary contribution scheme.

The inspector also stated it would be unfair to the taxpayer upon whom the additional financial burden would then fall in respect of the costs of the construction of the Luas C1 line from which the proposed development would benefit.

The appeals board has upheld the council decision to impose the condition demanding the €472,878 payment.