Dublin property described as a 'tinderbox' should be vacated immediately, court orders
A Dublin property, described as being "a tinderbox" where up to 20 people are believed to be squatting cannot be used for residential purposes, the High Court has ordered.
Mr Justice Seamus Noonan today granted Dublin City Council orders directing that persons living at 414 North Circular Road, Dublin 7 must immediately vacate the premises due to fire safety concerns.
The property, which Dublin City Council (DCC) fire safety officers say represents a risk to life if a fire broke out, is a mid terrace three storey building, with three bedrooms on the first floor and two rooms on the top floor.
DCC represented by Conleth Bradley SC said it believed that between 15 and 20 foreign nationals had been squatting in the building.
Counsel said following a complaint from a member of the public earlier this year DCC inspected and served a fire safety notice on the property.
Arising out a recent inspection Counsel said the DDC fire safety officer said that any fire in the building would spread rapidly.
DCC also says there are no adequate means of escaping the building, no fire extinguishers, and rubbish and combustible material were stored inside the property.
Counsel said DCC's most recent inspection of the building revealed that a camping stove was being used for cooking, and that the building's electricity supply was from an unknown source- although a car battery was observed by a safety officer.
In the event of a fire starting the risk to the lives of those residing in the house counsel said was so great the premises should be immediately evacuated, counsel said adding that the premises was a "tinderbox".
Counsel said the building is registered in the names of Lily Kilroy, who died in 1997, and Eileen Doorly who died in 2006. Counsel said it is DCC's case that Mrs Doorly's son who is Ms Kilroy's nephew, Edward Doorly is a person who has control of the building and the appropriate person who orders can be made against.
Counsel said that DCC had corresponded with Mr Doorly, who informed them that his mother and aunt died intestate and that no grant of administration had been applied for.
Mr Doorly had told DCC officials the premises had been unoccupied for some time, but squatters had moved in and he had endless problems with them.
Mr Doorly said last May he had the electricity to the premises cut off and indicated he was taking legal measures to have the squatters removed from the premises.
Counsel said despite indicating an intention to do so Mr Doorly had not taken any legal steps against the squatters.
Ms Justice Noonan said after considering the DCC evidence to the court that he agreed the premises was a "tinderbox".
In the circumstances he was satisfied to grant the injunctions, on an ex parte basis, sought against Mr Doorly by DCC, requiring the premises to be vacated by persons residing there.
The Judge who said the orders should be posted at the premises. The case will come back to court next Tuesday.
