Receiver claims trespassers are hampering sale of Mayo business park

Court asked for orders directing alleged trespassers to leave

Permission to serve short notice of the proceedings was granted, with the matter returned to next week. Photograph: iStock

Permission to serve short notice of the proceedings was granted, with the matter returned to next week. Photograph: iStock

 

A fund-appointed receiver has brought proceedings aimed at removing alleged trespassers from a business park in Co Mayo.

Ken Fennell, an insolvency practitioner with Deloitte, is seeking orders against persons who are allegedly living on the site of the N5 Business Park, Moneen, Castlebar.

Mr Fennell, represented by Brian Conroy BL, wants to sell the site but claims caravans have been on the site on an intermittent basis since his appointment.

The receiver has tried to resolve matters peacefully but has been unable to get the alleged trespassers to leave, the court heard.

Mr Conroy said there is a health and safety risk as the site is unsuitable for residential purposes. He also said the alleged trespassers caused damage when the water mains was illegally accessed and by burning rubbish.

The businesses operating in the park are also unhappy with the lack of progress in relation to the alleged trespass.

In his High Court proceedings, Mr Fennell wants orders including directing the alleged trespassers to leave the site.

The business park contains commercial units, development land and common areas and the receiver was appointed over it by Promontoria (Arrow) Ltd in 2015. The property is owned by Anthony Gaughan and TJ Gaughan Construction Ltd.

Concrete bollards

It is claimed trespassers were in the park during 2016 and 2017 after gaining entry by removing concrete bollards around various access points.

The receiver’s agents had tried to negotiate with the alleged trespassers but were verbally warned to leave the area by them, acting in a threatening manner, counsel said. At one stage, some of the trespassers demanded €10,000 per caravan to vacate the park, he added.

The receiver had hoped gardaí, who conducted an operation in the park last year when two people were arrested, would be able to resolve matters. That had not proved possible and the receiver had opted to bring this case.

Permission to serve short notice of the proceedings was granted, on an ex-parte basis, by Ms Justice Caroline Costello who returned the matter to next week.