Injunction granted requiring people to vacate Co Laois lands

Owner wants to develop site into housing and other facilities for nearby Carlow town area, court hears

A development company has secured a High Court injunction over what it claims is the “large-scale” illegal occupation of lands earmarked for a big housing project in Co Laois.

Mr Justice Brian O’Moore said on Wednesday he was satisfied to grant an injunction in favour of the owner of the lands, Salzagold Limited, requiring a large number of people to vacate the property at Graigcullen in Co Laois.

The company’s counsel, Stephen Byrne, said his client wants to develop the greenfield site into much-needed housing and other facilities for the nearby Carlow town area.

However, the company sought the injunction because it claims the illegal occupation, which commenced earlier this month, has turned its property into “a base for antisocial behaviour”.

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Safety measures

Granting the order, the judge expressed his considerable concern about claims that a tree felling business is being operated on the lands without any proper health and safety measures being in place by those allegedly in occupation.

The judge noted the applicant’s claims that trees being felled at other locations were being brought on to the site where they were being processed by people presumably operating saws and chainsaws, he said.

The impact of this activity was a serious issue for anybody nearby the lands in question, the judge said. He added that he was also concerned about allegations about the burning of refuse on the lands and claims that vehicles used by some of the occupants had been joyriding in and around the property.

He directed that the terms of the injunction, which is to remain in place pending the outcome of the hearing, be served on those in occupation and warned of the serious consequences if the court’s orders were not complied with.

Forty caravans

Last week, the company claimed before the High Court that more than 40 caravans and 150 people are trespassing on the lands.

While some had departed in recent days, the court heard that approximately 20 remain on the site.

The alleged behaviour includes starting large fires, anti-social behaviour, dumping large amounts of refuse and waste on the property and joyriding. At one point the local fire brigade had to put out a large fire that had broken out on the site.

The court heard that the land in question was the subject of a previous illegal occupation in March of this year. However, the small number of people on the lands on that occasion departed the site shortly afterwards.

Last Friday, the judge granted the applicant company, on an ex parte basis, permission to serve short notice of the injunction proceedings on the people allegedly illegally occupying the lands.

When the matter came before the court on Wednesday there was no appearance by any person in occupation of the lands, and neither were there representations made to the court on their behalf.