Ice rink noise row thrown out of court

A legal bid to curtail the sound of music and hours of skating at an ice rink near Dundrum Town Centre has been thrown out by a High Court judge.

Retired businessman David Cooper claimed activities at the ‘Dundrum on Ice’ venue had resulted in damage to his nearby property and complained that noise in the form of amplified music coming from the venue was upsetting.

Mr Justice Seamus Noonan heard that the twizzles and toe-loops being performed on the marquee-covered rink, which operates during the winter months, was affecting both Mr Cooper’s and his family’s constitutional rights and breached planning laws.

Mr Cooper asked the High Court to set aside a decision by An Bord Pleanála on October 19 last to grant planning permission for the rink and he sought injunctions limiting both the hours it could operate and restrictions on amplified music.

Judge Noonan dismissed the application which he said was brought outside of the required time limits allowed in which to challenge a decision of the planning authority.

He also said that Mr Cooper had failed to raise sufficient arguable grounds to allow the court allow him bring action.

Mr Cooper’s action was brought against An Bord Pleanála and the developer of the rink, Crossridge Developments Ltd, of Usher House, Dublin 14, both of whom opposed his demands.

Mr Cooper, of Main Street, Dundrum, represented himself and said the ice rink had been operating in the Dundrum area since 2009.