The High Court yesterday refused to grant an order stopping work on the Knocknacarra shopping development in Galway. Ms Anne Hynes (84), Old Clybaun Road, Knocknacarra, Galway, had applied for an interlocutory injunction stopping work at the development, pending the outcome of a judicial review of the decision to grant planning permission for the development.
In an affidavit, Ms Hynes said she lived opposite the planned development and claimed it would adversely affect her quality of life. The house where she lived looked on to an open field and if the development went ahead she would be looking on to the back of a shopping centre.
The application was opposed by Mr Patrick Joyce, of Headford, Co Galway, the developer of the centre at Shangort Road, Knocknacarra. In an affidavit he said he had expended large sums on the development and was bound by contract in relation to it.
Ruling on the injunction application, Ms Justice Laffoy said Ms Hynes had established there was a fair issue to be tried in the matter and that was whether the planning permission which Mr Joyce had obtained from An Bord Pleanala in June 1996 was valid.
The judge said she had already decided that Ms Hynes had established substantial grounds for contesting the planning decision.
The second matter to be considered was whether damages were an adequate remedy for Ms Hynes. Ms Justice Laffoy said Ms Hynes lived in the immediate vicinity of the proposed development and had averred that she would be affected by it. It was unquestionable that damages would not be an adequate remedy for her.
The third matter was the undertaking from Ms Hynes to pay damages should an injunction be granted now and later overturned, the judge said.
She said counsel for Mr Joyce had contended the undertaking for damages from Ms Hynes was not adequate. On the facts it patently was not, the judge said.
Ms Justice Laffoy said Ms Hynes had openly indicated she could not meet a claim for substantial damages and in those circumstances the application for an interlocutory injunction had to be refused.