Sunday’s Well Rugby Football Club yesterday said players have been endangered by the construction of a wall by McDonald’s restaurant close to the dead ball area of a pitch.
Kieran Hughes, barrister for Sunday’s Well, said the matter was before Cork Circuit Court yesterday by way of a planning injunction by the club against McDonald’s, which is building a drive-thru restaurant adjacent to the club grounds at Musgrave Park in Cork.
Judge David Riordan asked Mr Hughes if he was seeking an injunction against McDonald’s. Mr Hughes said the application was not being made yesterday but his clients were looking for a date for hearing of the matter.
Mr Hughes said: “We learned they were building a wall without planning at the rear.”
He said that the wall by the back pitch should have been reinforced in order for the ground to be brought back level with the pitch rather than the ground sloping down to the wall that has been built.
The ground in question is immediately after the dead ball area of the pitch.
“It is at a lower level than the dead ball area,” said Mr Hughes . “One of the pitches would be affected. It would be a danger to people playing on the rugby pitch”
He added that the club’s engineer had been in some talks with McDonald’s.
“However, in the last two days, they commenced working and are near completion,” he said. “We say it is not in conformity with their planning permission.”
Judge David Riordan agreed to an application to adjourn the dispute until May 12 at Cork Circuit Court on notice to the respondents, McDonald’s Restaurants Ireland Ltd. The company was not required to be present for mention of the matter by the rugby club yesterday.
McDonald’s is in the process of building a drive-through restaurant on the Kinsale Road, neighbouring Musgrave Park. The wall at the centre of the dispute is at the rear of the back pitch used by Sunday’s Well and has no bearing on the main pitch at Musgrave Park.
While it was open to the rugby club to bring an application for an ex parte injunction against the fast-food outlet yesterday, Sunday’s Well instead simply applied to have the matter listed for hearing on Tuesday.
An injunction would have sought to confine the respondent to carrying out works that were only in compliance with the planning permission that it has.
However, it appeared from what Mr Hughes said yesterday that the wall that is of concern to the rugby club has allegedly already been built — at least in part — this week.
The matter will be listed for hearing before Judge Donagh McDonagh for hearing next week and McDonald’s will be notified of that hearing. It will be a matter for the judge to decide what needs to be done now if the wall has been constructed.
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