It’s been reported in the High Court that two inhabitants of Co Meath have used appeals of planning applications by Glenveagh as negotiation chips, in an attempt to increase the selling price of their lands. Aidan Redmond, representing Glenveagh Homes Limited, challenged the suggestion that Pat Lynch and Denise Leavy pursued these appeals out of genuine interest in the public planning procedure.
Mr Redmond argued Mr Lynch, who works as an insurance advisor, revealed the underlying intention of these submissions and appeals when he indicated to Glenveagh that he can make them cease. He expressed the need to differentiate between legitimate public participation and self-serving motives before the court.
This comes as a response to the request made by Mr Lynch and Ms Leavy, a former bank employee, to the court to reject the €8 million damage lawsuit filed by the developer, stating that it constitutes abuse of the legal process and is bound to be unsuccessful. They believe this is a strategic lawsuit against public participation (SLAPP).
Glenveagh Homes Limited, however, denies allegations of SLAPP and intimidation. The company asserts that the duo, residing in Batterstown, Proudstown, Navan, have illegally manipulated the planning process with the paramount objective being to negotiate a better deal for Mr Lynch in the sale of his 16-acre Co Meath land.
These along with other accusations have been vehemently refuted by the defendants. The CEO of Glenveagh, Stephen Garvey, affirmed in a court document that the defendants have used made-up pseudonyms to file submissions and appeals that primarily targeted Glenveagh’s projects.
According to Mr Garvey, from March 2021 through June 2023, Mr Lynch and individuals under the names “Denis Leavy”,”D Leavy”, and “DM Leavy” filed 17 observations and five appeals against Glenveagh’s applications. These chiefly pertained to proposed developments outside the locality of the defendants.
He added that this orchestrated disruption has resulted in a significant, unanticipated challenge in delivering housing projects in counties Meath, Dublin, Louth, Westmeath, Kildare, and Waterford.
On Tuesday, Mr Redmond, under the counsel of AMOSS, reported to the court that the opposition requested Glenveagh to acquire designated lands in Navan’s Clonmagadden for €700,000 an acre. However, upon rejection, they decreased their price demand to €500,000 an acre. He stated that these proposed valuations were significantly high, especially in comparison to Glenveagh’s recent acquisition of an adjacent land for €160,000 an acre.
As per the reports, an outline agreement was confirmed in May 2021, where his client agreed to buy the lands for upward of €7.6 million, corresponding to €450,000 an acre. Mr Redmond represented this case with Niall Handy SC and Kevin Bell BL.
Post the agreement, there were series of pleas and appeals filed by the defendants. Eleven such requests were recorded after issuing this case, indicating that the defendants were not at all intimidated by the lawsuit.
Mr Redmond insisted that the court should not dismiss his client’s case before it goes to trial due to the significant disagreement of facts, complicated legal matters, and the discovery of documents which may potentially support his client’s claim.
On the other hand, Stephen Dodd, the defendants’ senior counsel, who was advised by FP Logue solicitors, argued that the €8 million damages demand was excessive and symbolised a SLAPP (“strategic lawsuit against public participation”). His clients have been involved in a public process and this lawsuit was intended to indicate an unbearable risk, Dodd noted.
Mr Dodd, represented with John Kenny BL, further highlighted Glenveagh’s accusation against the defendants. Glenveagh alleges that the defendants’ appeals were mainly intended to harm its business, which does not meet the standards of the applicable law. The said law allows the board to reject an appeal if it is solely intended to secure financial gain or bribery. He also stated unavailability of any legal authority that would allow a persistent restraining order which was sought to prevent Mr Lynch and Ms Leavy from commenting on Glenveagh’s planning applications.
As Dodd concluded, his clients’ appeals were accepted by An Bord Pleanála (the Irish planning board) as legitimate.
The inclusion of the term “sole” was intentionally made a policy decision to acknowledge the often intricate mix of motives guiding individuals making planning proposals, as stated by him. Mr Justice Richard Humphreys plans to announce his verdict on the defendants’ plea early next week.
Ms Leavy affirmed in a certified declaration that she is the owner of an acre of land in close proximity to Mr Lynch’s property. She found Glenveagh’s proposed purchase price for the land reasonable, but talks fell apart. She categorically denied utilising appeals or submissions to bargain for a higher selling price for her land. She was deeply offended by the claim that she had used a false identity.
Mr Lynch utterly dismissed the developer’s completely baseless allegations, asserting his belief that several of Glenveagh’s planning applications lacked adequacy and could lead to unsustainable developments if erected.
He stressed that the objections raised were without any malicious intent and were in line with planning regulations, as stated in his sworn statement.
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