Limerick Council decision to issue enforcement notice against retail store challenged in the High Court

A High Court challenge has been brought against a decision of Limerick City and County Council to issue proceedings over a retail store's alleged breach of its planning permission.

The application has been brought by Centz Retail Holdings, Centz Stores 7 Limited, and the firm's director and group chairman Mr Naeem Maniar against the Council's decision to issue an enforcement notice against Mr Maniar last August, over the alleged planning breach.

The council alleges that Mr Maniar is in breach of a condition that the unit can only be used for the sale of bulky household goods.

The enforcement notice refers to premises called 'Homesavers' which is part of the Centz Retail group, located at Unit 10 City East Retail Park, Garryglass, Ballysimon Road, Co Limerick.

At the High Court, Neil Steen SC, for the group, and Mr Maniar told the court that the enforcement notice is flawed and should be quashed on several grounds.

Mr Steen told the court it is his client's case that the council issued the enforcement notice after allegedly inappropriately relying on input from a third party when arriving at its decision.

The local authority, he said, had acted on a complaint made by a direct competitor, who has alleged ulterior motives, of his client's business.

It is also alleged that there was a failure by the council to adequately consider and respond to submissions made by his clients about the planning condition and that the condition has been wrongly interpreted.

It is further alleged there is an inconsistent application of the planing condition by the council in regards to the City East Retail Park.

In the judicial review proceedings against Limerick City and County Council, an order is sought quashing the local authority decision to issue an enforcement notice.

The applicants also seek various declarations including that by issuing the enforcement notice, the council, erred in law, acted contrary to fair procedures and in breach of natural justice rendering the notice null and void.

Permission to bring the challenge was granted, on an ex-parte basis, by Mr Justice Seamus Noonan. The case will come back before the court in December.