The High Court has made orders on consent restraining Bovale Developments Ltd from carrying out unauthorised development at St Margaret's, north Co Dublin.
Mr Pat Butler for Fingal County Council asked Mr Justice Geoghegan for four orders but requested that a four-month stay be placed on these. The proceedings concerned Castle Heights Ltd, a company related to Bovale Developments, both with registered offices at the same address in Fitzwilliam Square, Dublin.
Mr Joseph Gorman, a Fingal council planning inspector, in an affidavit, said Castle Heights Ltd had applied in 1992 to the then Dublin County Council for permission to develop a landfill site at Balseskin, St Margaret's. Permission was granted conditionally in 1993. The conditions stipulated a licence be obtained under EU waste regulations prior to development; that development be completed and land reinstated for agricultural use within 24 months of the grant of permission and that the height of development should not exceed two metres.
It had been brought to Castle Heights' attention in March 1996 that not only had the 24 months condition not been complied with but that reinstatement had not taken place, dumping was continuing and there was extensive fill to a height of about 30-35 ft.
Mr Gorman claimed that despite undertakings from the company and Mr Thomas Bailey, certain works were not carried out.
Mr Justice Geoghegan made orders restraining Bovale from carrying out unauthorised development at Balseskin and restraining the operation of a dump. Other orders require Bovale to comply with the planning conditions.