An order restraining interference with trees, shrubs and other vegetation on the site of a large housing development in Co Kildare was continued by the High Court yesterday.
Mr Justice O'Neill continued the order which relates to the development by Roseberry Construction Company Ltd, of Roseberry, Newbridge, Co Kildare, of 73 houses and apartments on a 12-acre site at Mullantine, Rathangan, Co Kildare.
However, he refused to grant an order stopping work on the development.
That order was sought by Mr Edward Walsh SC, for Mr Michael Hoey, a company director, of Mullantine, Rathangan.
Mr Hoey alleged there had been breaches of the order restraining the removal of trees, shrubs and other vegetation from the site, an order granted on January 10th.
In evidence, Mr Michael O'Connell, who lives beside the development site, said diggers removed three to five metres of growing vegetation from the site on the morning of January 10th. He said he was positive the vegetation was growing.
Mr Denis McIntyre, managing director of Roseberry, denied that claim. He said the only vegetation removed from the site on January 10th was dead vegetation which had been cut down late last year and put in a nearby field.
He agreed photographs of the site taken earlier this month appeared to indicate the vegetation was growing but it was actually dead.
After hearing both men, Mr Justice O'Neill said he was not satisfied the evidence went far enough to justify a complete prohibition of work on the site. He continued the order restraining interference with trees, shrubs and other vegetation save for the purpose of protecting these.
He adjourned the matter for six weeks to facilitate a resolution of the landscaping problem regarding the development.
Planning permission for the development was granted on appeal by An Bord Pleanala in August subject to conditions. One of these relates to landscaping of the site in accordance with a scheme to be agreed with Kildare County Council.
Mr McIntyre has said a landscaping scheme has been submitted to the council and is awaiting its response.