An emergency hostel for homeless people in Dublin’s Liberties area can open now, before a legal dispute over use of the premises has been determined, a High Court judge has ruled.

The opening of the temporary hostel in the converted Carman’s Hall on Francis Street, which was used as a community centre until it shut in 2013, had been halted due to a legal challenge initiated earlier this month by the Carman’s Hall Interest Group, the Michael Mallin House Residents and a youth and community worker, Elizabeth O’Connor.

The residents want the facility reopened as a community centre and have secured permission for judicial review of Dublin City Council’s decision allowing the centre to be used as a hostel to deal with the homeless emergency.

The court’s permission for judicial review had also acted as a stay on the hostel opening. However, because of the current homeless situation, the council asked the court this week to lift the stay pending the full hearing. Lawyers for the residents opposed that application.

In his ruling on Friday, Mr Justice Seamus Noonan ruled the balance of justice lay in lifting the stay. He said he had to balance the inconvenience to the residents against the needs of “a very vulnerable section of society”, particularly during the winter months.

Residents’ concerns

The judge said he noted the residents’ concerns but the evidence to the court about the homeless crisis was that the number deemed homeless in Dublin city increased from 3,700 to 5,000 in the year to last September.

While the number of rough sleepers in the city fluctuates, the evidence was that emergency hostel facilities are currently at capacity, he said.

The Carman’s Hall facility will be run by groups with considerable expertise in working with the homeless, he also noted. In the circumstances, he said he was satisfied to lift the stay.

In the full hearing of the case, listed for January 18th, the residents are challenging the council’s October 24th decision allowing for a change of use of Carman’s Hall to a hostel.

As part of their challenge the residents, and their expert, claims going ahead with the hostel without going through the public consultation process amounted to a material contravention of the city development plan. The council and its expert maintained it was entitled under the planning laws to allow the centre be converted into a hostel for the homeless.

The court has been told the residents’ concern is about an “undue concentration” of homeless and social support services in the south inner city. There are 12 homeless and social support services within 500m of Carman’s Hall and more than 660 people deemed homeless are being accommodated in Dublin 8, compared to 78 in Dublin 4 and “none whatsoever” in Dublin 6W, it heard.

The council has spent about €930,000 converting the building into a hostel after acquiring it under a five-year lease from its owners, the Dublin Catholic Archdiocese, and has not committed to using the premises as a hostel beyond the 2017-18 winter period, the court also heard.

The 65-bed Carman’s Hall facility was one of four in the city being set up to help address homelessness and was offered by the local parish priest to help with the homeless emergency.