A collection of neighbours residing in Kylemore, Schoolhouse Road, Monaleen in County Limerick have lodged a complaint with the High Court, claiming that a nearby GAA club has conducted unauthorised works which have adversely affected their homes. Speaking for 13 residents, the allegation seeks to prevent the GAA and Monaleen GAA club from executing any form of construction or digging work that might impact the rear boundaries of their residences.
They also aim to enforce an injunction under Section 160 of the Planning and Development Act to halt any unauthorised building operations that could potentially take place near their properties. The conflict pertains to the club’s ambition of implementing a new practicing area and walking path at their premises.
Although the requisite permits for these works were secured in 2021, residents argue that no prior consultations were held with them before the commencement of the works. Represented by Patrick Fitzgerlad BL and counselled by O’Connell Clarke Solicitors, the residents allege that the works initiated on the pitch last year in August have caused notable damage to their homes and have created a nuisance. It is suggested that these works led to their gardens being inundated, boundary walls being damaged, and their privacy and aesthetic view being adversely disrupted due to the elevation of the land level on the club’s territory.
In response to the situation, they issued a grievance to Limerick City and County Council which then engaged with the club regarding the inadequacy of the proposed drainage system on the lands with respect to the conditions of the given planning consent. In the light of such issues, work was halted at the site for several months, the court has been informed.
Moreover, the council allegedly dispatched multiple enforcement notations in relation to the site, with three enforcement files still pending. Court has also been informed that all attempts at mediating the dispute have proven unsuccessful.
It was reported by the counsel that last month, the inhabitant’s worries escalated following a social media communication on behalf of the club. It announced they were transporting machinery to finalise the operations by the end of July. Notably, the post assured the club faces no worries at all as it has adhered to regulations and received planning authority. The club stated their desire for a peaceful relationship with the neighbourhood and highlighted that they were undergoing mediation with the neighbours, a fact contested by the plaintiffs.
The plaintiffs viewed the post as an intimidation tactic and are firm in their belief that the club has no plans to address their worries or reach a compromise. The counsel informed that machinery had been returned to the venue on instances both this month and in July.
Solicitors on behalf of the plaintiffs made a plea to the defendant’s lawyers for assurances that no unsanctioned activities would be carried out. Despite this, the court discovered that no substantial feedback had been received, leading to worries about the resumption of unsanctioned activities. Consequently, the residents felt forced to take the situation to a legal platform.
The issue involves Iontaobhas Corparáideach Chumann Lúthchleas Gael Cuideachta Faoi Theorainn Ráthaíochta, located in Croke Park, Dublin and Jim Canny, chair of Monaleen GAA Club, based in Old School House Road, Monaleen Co Limerick.
Justice Leonie Reynolds oversaw the matter during Tuesday’s High Court break session, encouraging the parties to contemplate mediation, considering the potentially significant legal expenses. On an ex parte basis, the judge permitted the plaintiffs to present a short notification of the injunction proceedings to the defendants.
The matter is scheduled to return to court later in the month.