Homeowners allege developer ‘concealed’ likely noise from nearby factory, in legal action

A group of homeowners in north county Dublin have taken legal action against Glenveagh Homes, alleging that the developer failed to warn them about likely noise from a nearby metalworks plant when they were buying their properties.

In three separate legal cases filed in recent days, residents who bought homes in a new housing estate in Donabate built by Glenveagh, alleged the Irish home builder concealed the likely impact of noise from the plant.

The homeowners are seeking damages over alleged fraudulent misstatement or misrepresentation, as a result of the developer failing to inform them of the likely noise from the nearby industrial plant.

The residents taking the cases had signed contracts to buy homes off-plan in the Mews, Semple Woods, Donabate, in 2019.

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Correspondence from the industrial plant, seen by The Irish Times, said the company had asked Glenveagh to notify those buying homes in the new estate of the inevitable noise, however it claimed “the developer refused to do this”.

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In an October 27th, 2021 letter, solicitors for the company, Multi Storage Services Ltd, who build steel frames and storage equipment, said it had operated from its site on Hearse Road since 1988.

The letter said when Glenveagh started construction on the neighbouring housing estate, the company “wrote to the developer asking them to notify purchasers that there would inevitably be noise from time to time, as with any industrial facility”.

The correspondence noted further homes were being built on the site, which prompted the company to again advise the developer to inform future buyers about the proximity of the plant. “They have told us that they will not advise people of this,” the letter claimed.

The company said it had taken a number of measures in the interim to reduce noise from its plant, such as reorganising the layout of its yard.

The letter was sent in response to correspondence from a solicitor acting for several residents living in the Mews.

The group of homeowners taking legal cases against Glenveagh are represented by Swords-based solicitors Hennessy Perrozzi LLP.

The cases allege the developer was aware of the nuisance caused by noise from the nearby plant, but concealed it from people when they agreed to buy homes in the estate.

The legal cases claim this represented fraudulent or negligent misstatement, misrepresentation and a breach of contract.

The cases claim the homeowners’ enjoyment of their property has been significantly impaired as a result of the noise from the nearby plant.

The legal cases are seeking an order to compel the developer to take measures to end the noise from the plant, including if necessary buying the industrial site. They are also seeking damages as a result of losses and distress the lawsuits claim homeowners had suffered due to noise from the factory.

A spokesman for Glenveagh said the developer had not yet been served with the legal proceedings, “accordingly it would not be appropriate for us to make any comment in this regard”.

The home builder did not respond to requests for comment on claims in the correspondence from the industrial plant.

James Taylor (43), one of the homeowners taking a legal case, said living beside the metalworks plant has been a “struggle” for his family.

Mr Taylor, who lives in the house with his wife and two children, said his son has autism and particularly struggles with the noise of “random massive drops of steel” from the site, which frighten him.

“It’s not something we expected when we bought a shiny new house … There was no mention of noise, even in the planning file,” he said.

The three cases were filed in the High Court on October 26th, court records show.

Last year the District Court in Swords made an order for the industrial plant to take a number of measures to reduce the level of noise coming from its operations, following a case taken by Yvonne Downes, secretary of the Mews’ residents association.