Horses on land holding up work on €55m Tipperary housing project, court told

High Court reporters

The presence of horses on lands in Co Tipperary is holding up the construction of 114 new residential units, the High Court has heard.

Crann Ard Developments Ltd claims it is the owner of land located at Ardgeeha Upper, Clonmel, Co Tipperary, where it wants to build housing which is worth an estimated gross development value of €55 million, the court heard.

The firm claims that it is unable to commence work because William Reilly has left his horses on the land.

The company claims that Mr Reilly does not have permission to keep livestock on its land and is trespassing.

He has also failed to comply with its requests to remove his animals from the land, the company also claims.

As a result, the company is seeking various orders against Mr Reilly, of Haywood Road, Clonmel, including an injunction restraining him from entering or interfering with the plaintiff's lands.

It also seeks orders restraining the defendant from blocking or impeding access to the land, and that he remove all livestock he owns from the lands.

At the High Court on Friday, Frederick Gilligan BL, for the company, said his client had received a letter from solicitors acting for the defendant, alleging that Mr Reilly has been in continuous and exclusive possession of the lands since 2007.

Mr Gilligan said his side was aware that previous owners of the land had allowed Mr Reilly to use the land for a period, but rejected any claim that the defendant has any entitlement to use of occupied lands the company purchased several years ago with a view to developing into housing.

It is claimed that when agents of the company entered the lands last month, to carry out survey land, they found two horses on the land.

It is also alleged that an individual approached the company's agents and told them that the owner of the horses would not allow the works to take place peacefully.

The agents informed the company that they were not in a position to commence any building work until the property is cleared of all livestock.

The company said it wanted to commence groundwork on the site in August and September, but fears it will be unable to do so unless the court intervenes.

It is concerned about the financial impact on the firm due to any delay in commencing the construction works.

The matter came before Mr Justice Mark Sanfey on Friday.

The judge on an ex-parte basis granted the company permission to serve short notice of the injunction proceedings on the defendant.

The matter will return before the High Court next week.