Claiming that the National Monuments Act is being breached, a businessman has begun High Court proceedings concerning works being carried out on the 12th-century Cregg Castle in Fermoy, Co Cork.
Mr James Connolly SC, for Mr Michael Enright, with an address in Fermoy, yesterday secured leave from Mr Justice Kearns to serve notice of the proceedings on Mr Peter Inston, an architect, and Mr John Moore Corry and Ms Bridget Moore Corry, said to be occupiers of the castle lands.
Mr Connolly said Mr Enright had sought undertakings in relation to the works but only "piecemeal comfort" had been offered.
Counsel said works were under way at Cregg Castle and his client believed those works were in breach of the National Monuments Act and the planning code. The castle was enmeshed in scaffolding, and in the past week substantial building works had been carried out that his client feared could affect the stability of the structure.
He said a warning notice had been served by the local authority on December 5th requiring the landowner to desist from the works, but works were continuing. His client believed no permission had been received for the works from Dúchas or the relevant authorities. He also understood no response had been made by the developer to the local authority.
The client's solicitor had contacted the developer stating it was the intention to go to court. While some comfort was given and they were told the works were not serious, there was no "full-blooded undertaking".
