A BUSINESSMAN is seeking to stop an application for planning permission for a housing development as he claims it land locks his own lands, the High Court was told yesterday.
The court was told that Mr Brendan Collins sold two plots of land at Rathbeale Road, Moorestown, Swords, Co Dublin, for approximately £1.7 million to three construction companies.
The land was adjacent to land he retained. Mr Collins claims that two agreements made when he sold the lands in 1994 entitled him to an access road from the sold plots to his own lands. He was now being denied access.
Mr Collins, of Herbertstown House, Stamullen, Co Meath, is seeking an interlocutory injunction restraining Station Construction Ltd, Brimco Ltd and H & T Contractors Ltd, all Dunboyne, Co Meath, and Ms Grainne Mallon, an architect, from proceeding with any application for planning permission for 49 houses.
Mr Colm Allen SC, for Mr Collins, said because of the actions taken by the defendants and in breach of the agreements, Mr Collins had been denied access and if the planning permission were granted it would have the effect of land locking the retained lands.
In an affidavit, Mr Collins said access to the retained lands could only, be through the sold plots. The issue of his access by way of a road and for services to his retained lands was at all times known to the defendants.
Mr Brian O'Reilly, Fairyhouse Road, Dunboyne, in an affidavit on behalf of the construction companies, said the contracts contemplated the grant of certain rights in relation to access and services which were for Mr Collins benefit and would have enabled development to take place if re zoning of his lands occurred.
The companies had provided access as required and had every intention of honouring their obligations into the future. The border with Mr Collins's property was connected by a number of "hammer heads" which could be easily opened up to permit access to his lands.
The case was adjourned until tomorrow.