The High Court yesterday issued an order halting work on a £9 million development, including a marina and 30 holiday cottages, near Belturbet, Co Cavan.
The court was told that work on the development by Shannon Waterways Ltd (SWL) at Cornadarragh, on the shores of Lough Erne, had already started although work on the marina had not yet begun.
Mr Justice O'Sullivan granted an application by the International Fishing Centre Ltd (IFC), which operates a nearby fishing holiday centre and restaurant, for orders prohibiting SWL from carrying out any works on the development until the full conditions of the planning permission of June 18th, 1996, have been complied with.
He noted that while Cavan County Council had said it was satisfied with SWL's compliance with the conditions stipulated by An Bord Pleanala, there was not strict compliance with the condition requiring details of the design of the marina to be agreed with the council before the start of the development.
The judge accepted there were difficulties, such as the need for a dry season to ascertain results of core samplings. But, in his view, it was not sufficient for the developer to say that because the marina part of the overall development was not under construction at this time, no harm was being done to the applicant and the court should allow it to proceed.
The court was required to strictly interpret the conditions set by the Bord, he added. In the circumstances, he would exercise his discretion to grant the orders sought.
In an affidavit, Mr Michael Neuville, of Loughdooley, Belturbet, a director of IFC, said it was a family business which had operated successfully for 10 years. The clientele was mainly continental fishermen, and the business was dependent on the unspoilt nature of the countryside and the clean unpolluted waters of the Erne.
He was very concerned about the proposed development as he considered the level of housing, the effluent treatment facilities and the intensive nature inappropriate for a rural area and particularly because it would have a serious detrimental effect on his business.
Mr Michael O'Donnell, instructed by Walter P. Toolan Solicitors, for IFC, said there was a clear breach of the planning condition requiring full design details of the proposed marina to be agreed with the county council before any construction works could be carried out. In an affidavit, Mr Francis B. Walsh, Kickham Street, Carrick-on-Suir, Co Tipperary, architect of the development, said the basic design, form and materials of the marina had been agreed with the council. He said the council had accepted that access for core-sampling machinery could not be made until the lands dried out in summer 1999 and that the final design details of the marina holding structure could then be determined.
Mr Michael McGreevy, a director of Shannon Waterways, said it was clear Mr Neuville's main concern was the effect on his business and the competition the development would create. "He is seeking to use every and any means to avoid that competition," he said.
Mr McGreevy said the area where the development will take place was a seriously underdeveloped part of Co Cavan and the project had received particular support from Bord Failte.