Businessman Oliver Barry has gone to the High Court seeking to compel a developer to build a larger house for his son. It is claimed the developer is proposing to build a smaller house than that allegedly agreed.
Claystone Ltd and Oliver and Noleen Barry Duinch, Hollywood Rath, Dublin, have applied for an order against Eugene Larkin, Twinlite Developments Ltd and Dalus Developments Ltd, Castleknock, Dublin, from erecting a house at site 14 Redwood, Ratoath Road, Hollystown. They contend no agreement was reached in relation to its size.
The hearing concluded yesterday and Ms Justice Mary Laffoy reserved her decision.
Brian Murray SC said the defendants had bought land at Hollystown from the Barrys in 2004, with the intention of building 64 houses. Under the deal, the Barrys were given three sites of their choice and an agreement was entered into where they could buy the houses built on those sites from the developer at cost.
Mr Murray said the Barrys selected the site known as number 14 for their son Ciarán and his family. The original plans provided for a two-storey detached house of 189m2 but they wanted something bigger. An agreement was entered into to build a 296m2 house, foundations were laid and planning permission secured.
However, Mr Murray said, the Barrys were informed early this year that the smaller house provided for in the original plans would be built instead.
Oliver Barry said in an affidavit that about late January or early February, it was indicated to him that the developer did not intend to proceed with the larger house and was going to build the smaller one. Gavin Ralston SC, for the defendants, said that while there were extensive negotiations between the parties about building a bigger house, no agreement had been reached.