The High Court has told singer Van Morrison he may not proceed with his plan to widen a communal driveway to his home. Neighbours of the singer had objected to the plan in proceedings before the court for more than a year.
Mr Justice Kelly yesterday found that what Mr Morrison sought to do was in excess of what was permitted by a restrictive covenant.
The judge held Mr Morrison was in breach of that covenant by setting about widening the driveway to his house, Kilross, at Sorrento Road, Dalkey, Co Dublin.
The singer had been sued by his neighbours, Alphonsus and Claudia O'Mara, whose dwellinghouse Monte Alverno is beside Kilross where Van Morrison lives with his partner Michelle Rocca and her three children.
The O'Maras secured an injunction restraining the singer from carrying out the development except for work on the upper part of the driveway - where some development has taken place - and which must be done in accordance with the views of the O'Maras. No work is to be done at the lower driveway.
Counsel for the O'Maras had stated they had no objection to improvements to the upper driveway based on its original width but were not prepared to consent to any widening of the driveway.
They also required that the upper driveway be resurfaced in a manner consistent with that of the lower driveway. They had no objections to mirrors or lamp standards being placed.
A 20-feet high hedge at the upper driveway had been removed to facilitate the widening. The judge said this must be replaced but he would give time to the sides to discuss the practicalities of restoring it and put the case back until December 18th. "Perhaps some sense and reason might come back into the matter," he added.
The judge allowed costs of the proceedings, which could be over €250,000, to the O'Maras.
The action had been at hearing for four days last month but there had been several earlier hearings relating to injunctions and pre-trial matters.
Yesterday's decision could be appealed and the judge put a stay on the order for costs in the event of an appeal.
Neither Van Morrison nor Michelle Rocca were in court yesterday. Ms Rocca had given evidence during the hearing.
In his judgment, Mr Justice Kelly said: "This case attests to the fact that the payment of a substantial price for a good house gives no guarantee of good neighbours." The judge said the case was remarkable in that evidence was not given to the court by either the O'Maras or Van Morrison and he had not had the benefit of any testimony from any of the principals.
At one stage during the hearing, he suggested that as the parties would still have to survive side-by-side as neighbours, agreed solutions were better than those imposed by court decision. Unfortunately, his suggestion bore no fruit.