Developer in High Court action as €55m housing development is stalled by horses

The presence of horses on lands in County Tipperary is holding up the construction of 114 new residential units, the High Court has heard. 

Crann Ard Developments Ltd, claims it is the owner of lands located at Ardgeeha Upper, in Clonmel where it wants to build the housing - at a total cost of around €55m. 

In its legal action, the company claims it is unable to commence work because the named defendant - Mr William Reilly - has left his horses on the lands. 

The company claims that Mr Reilly does not have permission to keep livestock on its lands and is trespassing. He has also failed to comply with its requests to remove his animals from the lands, the company also claims. 

As a result, the company is seeking various orders against Mr Reilly of Haywood Road, Clonmel including an injunction restraining him from entering or interfering with the plaintiff's lands. 

It also seeks orders restraining the defendant from blocking or impeding access to the lands, and that he remove all livestock he owns from the lands. 

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At the High Court on Friday Frederick Gilligan Bl for the company said that his client had received a letter from solicitors acting for the defendant, alleging that Mr Reilly has been in continuous and exclusive possession pf the lands since 2007.

Mr Gilligan said that his client is aware that previous owners of the land had allowed Mr Reilly to use the land for a period, but rejects any claim that the defendant has any entitlement to use or to occupy lands the company purchased several years ago with a view to developing into housing.  

It is claimed that when agents of the company entered the lands last month, to carry out survey works, they found two horses on the lands. 

It is also alleged that an individual approached the company's agents and told them that the owner of the horses would not allow the works to take place peacefully. 

The agents informed the company that they were not in a position to commence any building works until the property is cleared of all livestock.

In its High Court action, the company says it wants to commence groundworks on the site in August and September, but fears it will be unable to do unless the court intervenes. 

It is concerned about the financial impact on the firm due to any delay in commencing the construction works. 

The matter came before Mr Justice Mark Sanfey on Friday who, on an ex-parte basis, granted the company permission to serve short notice of the injunction proceedings on the defendant. 

The matter will return before the High Court next week.