A WEXFORD family have claimed before the High Court they had to leave their home because of smells comparable to sewage and rotten eggs coming from a compost manufacturing plant adjoining their property.
Seán and Noeleen Byrne, who have two daughters, allege a serious nuisance has been created by smells and noise caused and created by the Custom Compost plant, which makes compost used to grow mushrooms, at Ballyminaun Hill near Gorey.
The Byrnes claim smells, gases and fumes from the plant have made their home unhealthy and that they had to leave it last December for a smaller house, causing them trauma and upset. They claim they have suffered severe inconvenience, loss, damage and personal injury.
The company denies the claims.
Opening the case before Ms Justice Mary Laffoy yesterday, Frank Callanan SC, for the Byrnes, said odours and noise from the plant were "a horrendous problem" and had seriously affected the family's lives.
Mr Callanan said the Byrnes were unable to maintain the use of their home, which they had had to seal from airborne smells and noxious fumes, and they could not open doors and windows. The smell caused much embarrassment as they were unable to invite family and friends to visit. The smell was very unpleasant and was comparable to sewage, sulphur, rotten eggs or ammonia. A number of family occasions could not be celebrated at their home.
The family also claims the plant operates virtually 24 hours a day seven days a week, only shuts down for two days in the year and says that noise and vibrations from lorries going to and from the site and from fans can be heard in their home.
The family moved out of their home last December to another house in Gorey and the move was traumatic for them. Since 1908, four generations of the Byrne family had lived at the cottage, into which they had moved in 1984.
Mr Byrne had run a light engineering business at the rear of the premises. Mr Callanan said Mr Byrne had carried out work at the plant in the past but had ceased to do so in 1999-2000 because he wanted the company to do something about the smell.
Custom Compost has operated a facility at Ballyminaun since the late 1970s, one of two it operates in the Gorey area, the court heard. In 1998, it had moved all its compost manufacturing to the site at Ballyminaun Hill, where it mixes raw materials including straw, horse manure, poultry manure and gypsum to make compost to grow mushrooms.
The company denies the facility has caused a nuisance, noxious odours or excessive noise and argues the family had lived beside the factory for a many years before making any complaints.