A group of Co Limerick-based neighbours have claimed before the High Court that a nearby GAA club has engaged in unauthorised works that have damaged their homes.
The claim has been made on behalf of 13 residents of Kylemore, Schoolhouse Road, Monaleen, who are seeking an injunction restraining the GAA and Monaleen GAA club from carrying out any construction or excavation works in and around the rear boundary of the plaintiffs’ homes.
They also seek an injunction under Section 160 of the Planning and Development Act restraining any unauthorised development that is being or is likely to be carried out near the plaintiffs’ properties. The dispute centres around the club’s plans for a new training area and walking path at its grounds.
Planning permission was acquired for the works in 2021, but the residents say no consultation took place between them and the club prior to works commencing on the site.
‘He was my best friend, my love and the best father’: Helicopter crash victim had courage to strive, funeral told
US election: Kamala Harris selects Tim Walz as vice-presidential pick
Closure of adventure park due to insurance costs a ‘blessing in disguise’ for Co Meath businessman
Olympics day 11 live updates: No medals for Ireland’s showjumpers in the individual final, Harrington going for gold tonight
Represented by Patrick Fitzgerlad BL, instructed by O’Connell Clarke Solicitors, the residents claims that works began on the pitch last August and have caused considerable damage to their homes as well as nuisance. It is claimed that the works have resulted in flooding in their gardens, damage to their boundary walls and that their privacy and visual and residential amenity have been negatively impacted by the ground level on the club’s lands being raised.
As a result, the residents made a complaint to Limerick City and County Council, which in turn contacted the club over issues about the proposed drainage system on the lands not being in accordance with the conditions of the planning permission granted. Works ceased on the site for a period of some months, the court heard.
The council, it is also claimed, has issued several enforcement notices in respect of the site and three enforcement files remain open. An attempt to mediate the dispute was not possible, the court heard.
Counsel said the residents’ concerns increased last month when a social media post on behalf of the club stated it was moving machinery to complete the works towards the end of July. The post added that the club has nothing to worry about as it was in compliance and had planning permission, but would like to have harmony with its neighbours. It further stated that the club was in mediation with the neighbours, which the plaintiffs says was not true.
The plaintiffs considered the post to be a threat and are of the view that the club has no intention of compromising nor addressing their concerns. Counsel said machinery was moved back on the site on dates earlier this month and in July.
The plaintiffs’ solicitors sought undertakings from lawyers for the defendants that no unauthorised works would take place. However, the court heard no meaningful response has been received and they are concerned the unauthorised works will resume. As a result, the residents say they have been left with no choice other than to bring the matter before the courts.
The action is against Iontaobhas Corparáideach Chumann Lúthchleas Gael Cuideachta Faoi Theorainn Ráthaíochta, with an address at Croke Park, Dublin, and Jim Canny, chairman of Monaleen GAA Club, Old School House Road, Monaleen Co Limerick.
The matter came before Ms Justice Leonie Reynolds during Tuesday’s vacation sitting of the High Court, who urged the parties, given the legal costs involved in this such matters, to reconsider trying to mediate the dispute. The judge, on an ex parte basis, granted the plaintiffs permission to serve short notice of the injunction proceedings on the defendants.
The matter will return before the court later this month.
- Sign up for push alerts and have the best news, analysis and comment delivered directly to your phone
- Join The Irish Times on WhatsApp and stay up to date
- Listen to our Inside Politics podcast for the best political chat and analysis