Earlier this year, Mr Kavanagh — through his Balark Investments vehicle — lodged plans for the block, comprising 91 apartments, on St John Rogerson’s Quay.
His New Generation Homes paid €42m for the so-called Hickey site in Dublin’s Docklands that contains the planned development.
However, a number of objections have been lodged against the proposal with Johnny Ronan’s Chambury Investments leading the way.
Consultants Chambury claim that the planning application is invalid, cannot be permitted and is wholly at variance with the Special Development Zone (SDZ) planning scheme.
They added the application has been made without the consent of the freehold owner, Chambury Investment Co Ltd, of lots 3, 5 and 7.
The objection states that Chambury Investments’ part-ownership of the total site area totals 20% “is substantial and cannot be ignored”.
However, in new documents lodged with the City Council, two barristers, Paul Coughlan and Declan McGrath retained by Balark, state Chambury’s freehold titles are encumbered by relevant long leases held by Balark.
The barristers argue: “While those leases exist, Chambury has no right to possession of the demised premises and it is Balark that has dominion over them.”