A NUMBER of residents in Co Tipperary have lost a High Court challenge to prevent a Traveller family on a housing list for nine years and living in unfit and overcrowded conditions taking up residence at a house near their homes.
The house was previously blockaded when it was learned it was to be allocated to Travellers.
Mr Justice Michael Hanna dismissed proceedings brought by individuals representing more than 60 residents at Cullenagh, Ballina, Co Tipperary, against North Tipperary County Council over its decision to buy a house in July 2008 to lease to the 10-member O’Reilly family at Cullenagh.
The house had been the subject of a blockade by local residents after it was learned the local authority had purchased it with a view to renting it to the O’Reillys. A letting agreement for the house has not yet been signed.
In judicial review proceedings, the applicant residents sought to have the council’s decision to enter into a tenancy agreement with the family quashed. They claimed the decision to provide the house for the O’Reilly family was illegal because the agreement did not comply with the council’s Travellers Accommodation Programme.
It was claimed the programme provided for housing to be provided from the local authority’s own standard housing stock, in group schemes, in rural areas on a stand-alone basis or via housing loans and excluded this particular house.
They also claimed the council breached requirements to consult with various groups including members of the local community in relation to the provision of housing to Travellers. They claimed the first they knew about this proposal was in late August 2008 and no prior consultation had taken place between them and the council.
In opposing the action, the council wanted to provide housing for the O’Reillys due to their significant needs.
As it has powers to address the specific accommodation needs of the public in general, it would be absurd and unconstitutional to exclude this family from housing because of their status as Travellers, the council said.
In his judgment, Mr Justice Hanna found that, just because the O’Reilly family may come under the Traveller accommodation scheme, that did not mean they could not benefit from Housing Acts in general.
The judge also said the family will be granted a letting under the most stringent terms. There was no evidence they would not abide by those terms.