Limerick residents seek injunction to halt GAA club's allegedly unlawful works

The claim has been made on behalf of 13 residents against the GAA and Monaleen GAA club

The matter came before Ms Justice Leonie Reynolds during Tuesday vacation sitting of the High Court, who urged the parties, given the legal costs involved in this such matters, to reconsider trying to mediate the dispute. File picture

A group of 13 residents have claimed before the High Court that a neighbouring GAA club has engaged in allegedly unauthorised works that have damaged their homes.

The claim has been made on behalf of 13 residents of Kylemore, Schoolhouse Road, Monaleen, Co Limerick, who are seeking a High Court injunction restraining both the GAA and Monaleen GAA club from carrying out any construction or excavation works in and around the rear boundary of the plaintiffs' homes.

They also seek an injunction under Section 160 of the Planning and Development Act restraining any unauthorised development that is being or is likely to be carried out near the plaintiffs' properties.

The dispute centres around the club's plans for a new grass training area and walking path at the club. Planning permission was acquired for the works in 2021, but the residents say that no consultation took place between them and club prior to works commencing on the site.

Represented by Patrick Fitzgerald BL, instructed by O'Connell Clarke Solicitors, the residents claim that in August 2023 works began on the pitch which have caused considerable damage to the homes and nuisance.

It is claimed that the works have resulted in flooding in their gardens, damage to their boundary walls and by increasing the ground level on the GAA's lands the residents' visual, residential amenity and privacy have been negatively impacted.

As a result, the residents made a complaint to Limerick City and County Council, who in turn contacted the club saying the proposed draining system on the lands was not in accordance with the conditions of the planning permission granted. For a period of some months works ceased on the site, the court heard.

Limerick Council, it is also claimed, have issued several enforcement notices in respect of the site, and three enforcement files remain open. An attempt to mediate the dispute was not possible, the court also heard.

Social media post

Counsel said that the residents' concerns were heightened when a social media post on behalf of the club last month stated that it was moving machinery to complete the works towards the end of July, and that the club was fully compliant with planning.

The post added that the club has nothing to worry about, as it was in compliance, had planning permission, but would like to seek harmony with its neighbours. The post further stated that the club was in mediation with the neighbours, which the plaintiffs say was not true.

The plaintiffs considered the post to be a threat, and are of the view that the club has no intention of compromising nor addressing their concerns, Counsel said that the machinery has been moved back on the site on dates earlier this month and in July.

The plaintiffs' solicitors sought undertakings from lawyers for the defendants that no unauthorised works would take place. However, no meaningful response has been given to the residents, and they are concerned that the unauthorised works will resume.

As a result the residents say they have been left with no choice other than to bring the matter before the courts.

The action is against the Iontaobhas Corparáideach Chumann Lúthchleas Gael Cuideachta Faoi Theorainn Ráthaíochta, with an address at Croke Park in Dublin and Mr Jim Canny who is the Chairperson of Monaleen GAA Club Old School House Road, Monaleen Limerick.

The matter came before Ms Justice Leonie Reynolds during Tuesday vacation sitting of the High Court, who urged the parties, given the legal costs involved in this such matters, to reconsider trying to mediate the dispute.

The judge, on an ex-parte basis, granted the plaintiffs permission to serve short notice of the injunction proceedings on the defendants. The matter will return before the court later this month.