Residents considering judicial review after 'utterly shocking' demolition of O'Rahilly house

Dublin City Council is investigating the circumstances around the demolition of the home of Michael Joseph ‘The’ O’Rahilly. Picture: Sam Boal / RollingNews.ie

A judicial review is being considered by a group of residents after the home of a 1916 insurgent demolished last week despite plans to make it a protected structure.

Dublin City Council is investigating the circumstances around the demolition of the home of Michael Joseph ‘The’ O’Rahilly who lived at the house at 40 Herbert Park in Ballsbridge to make way for luxury apartments.

The demolition was condemned by Taoiseach Micheál Martin in the Dáil as “utterly shocking” and across all political parties including a grandson of O’Rahilly.

The Pembroke Residents Association say they are “considering requesting a judicial review of An Bord Pleanála’s grant of permission for a 12 storey building overlooking the playground and our beloved Herbert Park after the destruction of The O’Rahilly’s home at No 40.” 

The residents have until the end of this month to lodge their High Court application.

Siobhan Cuffe, the chair of the Association, said: “The destruction of No 40 Herbert Park in the early morning of Tuesday 29 September is utterly shocking. The City Councillors had voted that No 40 would be listed and preserved.

“The proposed 12 storey block is three times the maximum height permitted in the area. It is substantially outside the framework of the Dublin City Development Plan.

Dublin City Council is investigating the circumstances around the demolition of the home of Michael Joseph ‘The’ O’Rahilly. Picture: Sam Boal / RollingNews.ie

“No account was taken of the Strategic Environmental Assessment required under the 2016-2022 Dublin City Plan, and its affect on the Ringsend Waste Water Treatment, Dublin Bay etc.” 

The application will centre on the environmental requirements of EU law, which were not Ms Cuffe claims applied in the decision.

“There was no public consultation,” Ms Cuffe added. The Association are asking the public to help financially with their planned judicial review which they say will cost €45,000.

Former Lord Mayor and Independent Councillor Christy Burke said that he welcomed the move by the residents association to lodge a judicial review against what he termed a “mindless act”.

He also said he hoped that Dublin City Council would follow their investigation of the circumstance behind the house demolition with legal proceedings.

Cllr Burke added: “Dublin City Council now should provide a list to elected members of properties of our history in Dublin and start a process of listing them as protective structures in order to prevent any further corporate mindless acts.

It’s a great shame that ‘The’ O’Rahilly home in Herbert park was not saved.

In a statement, Dublin City Council said they are currently investigating the circumstances surrounding the demolition of 40 Herbert Park.

“Once the city council has ascertained the facts, it will take any appropriate action.” 

An Bord Pleanála gave developers permission to build a 66m apartment block, which will contain 105 apartments on the site. The authority granted the decision despite opposition from historians, An Taisce and the Department of Culture and Arts.