Builders sued over site dust

Three residents of a Dublin Corporation block of flats are suing a developer for inconvenience caused by the construction of …

Three residents of a Dublin Corporation block of flats are suing a developer for inconvenience caused by the construction of a major office and apartment complex.

Ms Sandra Hyland, Ms Philomena Bisset and Mr John Curley are seeking compensation from Alcove Properties and Fajon Construction Ltd arising out of the development of a large site across the road from the flats in Charlemont Street.

Dublin District Court heard yesterday that planning permission was granted with a number of conditions relating to hours of work, cleaning of the site and minimising dust and dirt. The residents claim that dust blew across the road into their homes, forcing them to keep their windows closed. When windows remained open a film of dust covered furniture and fittings. The noise from drilling was also a problem and the builders sometimes breached the 6 p.m. finishing time required under the planning permission.

The developers claim that they did everything possible to minimise inconvenience, including having the road cleaned every day and erecting a mesh net on scaffolding when building work began.

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Judge Sean MacBride adjourned the hearing until tomorrow. He dismissed a similar action brought by the residents against Dublin Corporation and John Tinnelly & Sons, demolition contractors.