A housing development planned for Clondalkin, Co Dublin, is to go ahead following orders of the High Court yesterday.
Mr Justice Peter Kelly issued orders restraining trespass by two local people, Mr Michael Miley and Mr Niall Miley, of Moorefield Avenue, their servants or agents or others with knowledge of the order, on open space adjoining Moorefield Avenue which is owned by South Dublin County Council.
The judge also issued orders restraining the defendants from watching, besetting or attending at the site or obstructing council officials or the council's building contractor from entering or leaving the site. The defendants have liberty to apply at 24 hours' notice to vary or discharge the orders, which are returnable to Monday next.
Applying for the orders, Ms Bridget Reilly, for the council, said it had entered into a contract with a builder early last year for the construction of houses on open space adjoining Moorefield Estate. The development was intended to eradicate anti-social behaviour on the open space and to provide much-needed housing. The court was told the council proposes to build three houses on the land and to improve and upgrade the remaining open space. Mr Adrian O'Gorman, law agent for the council, said the builder was ready to begin work and had tried on three occasions to enter the open space but was prevented from doing so by local people, including the defendants.
He said cars were parked in such a way as to prevent machinery being driven on to the site and people had stood in front of machines and occupied the open space.
Efforts had been made to resolve the matter by council officials, but Mr Michael Miley had said last Tuesday that he would not let work be carried on at the site.
Mr O'Gorman said his instructions were that one party - not either of the defendants - had directly solicited the payment of money to enable the works to go ahead.