The High Court has refused to strike out a dispute over whether a clubhouse at Bray Golf Club in Co Wicklow was built in compliance with its planning permission.
Wicklow Co Council brought the strikeout application in a case brought by Dwyer Nolan Developments Ltd over the golf clubhouse, car park and alterations to an access road at Ballynamuddagh in Bray.
Dwyer Nolan was granted permission to build the clubhouse in 2001 and as part of the conditions for that permission it was required to lodge a cash security of some €63,000 to the council.
In its proceedings, it claims it is entitled to the return of that money.
The council has resisted returning it because, it says, it is not satisfied that a condition of the permission, regarding the drainage system, has been met.
The council said it had concerns as flooding has occurred in the area over the years, although it was not saying the flooding was caused by the golf club.
Dwyer Nolan says it is in compliance and has also provided all the documents and information requested by the council.
Dwyer Nolan initiated the case in 2009 and there were various court applications over discovery and related matters before 2020 when the council applied to strike it out over delay.
The council argued that because of Dwyer Nolan’s inordinate and inexcusable delay, the local authority will suffer general prejudice. The question the court had to consider was the balance of justice in allowing the case to continue.
The council also said that because Dwyer Nolan had brought its case, it was unable to consider taking enforcement proceedings against the company requiring it to comply with its permission.
Dwyer Nolan argued the council was not prejudiced and can perfectly meet the case at the substantive hearing. The council should have set the case down for trial in September 2020, it said.
Mr Justice Conleth Bradley refused a strike out. He was not satisfied the required causal connection has been established to warrant the dismissal of the proceedings. He was of the view that the balance of justice favoured the case proceeding to trial.
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