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File photo: Ballinteer Meadows
File photo: Ballinteer Meadows
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Couple launches legal action over 'nuisance' building of penthouses

Gerard and Amy McGoey are seeking to halt rooftop construction causing ‘extensive nuisance’.
Sep 28th 2015, 5:46 PM 38,713 0

A DUBLIN COUPLE has launched a High Court action aimed at halting building works which they claim are unsafe and causing a nuisance at the apartment block where they live.

The action has been brought by Gerard and Amy McGoey, who have been living with their two young children at Block 11, Ballintyre Meadows, Ballinteer Avenue, Dublin 16, for more than nine years.

Barrister Barney Quirke, for the McGoeys, told the court his clients’ objection relate to the manner how two penthouse units on the roof of the apartment block are being constructed, which counsel said was causing an “extensive nuisance” to the McGoeys.

In a sworn statement before the court, Mr McGoey said since works have started the level of noise generated from the works is “unacceptable”.  Mr McGoey said he is concerned that he and his family might be struck by falling objects when leaving their apartment and that he is also concerned about the scaffolding.

The McGoeys, who live in a ground floor apartment at Block 11, are seeking an injunction preventing any further building works being carried out near the block of apartments they reside at in a manner that creates a nuisance, including by noise, or a trespass on their apartment.

Today, Mr Justice Anthony Barr granted lawyers for the McGoeys permission to serve short notice of the proceedings against the developer Glenkerrin Homes Limited (in receivership).  The court was told the receiver of the company is Nama-appointed Aidan Cuddy.

The proceedings are also against the company carrying out the building works, CCNK Construction Ltd.  Permission was granted on an ex-parte basis where only one side was represented in court.

The judge made the matter returnable to Wednesday.

Mr Quirke told the court that as part of the works a scaffolding tower has been erected and was surrounded by a hoarding close to the McGoeys’ home.  The 8-ft high hoarding around the scaffolding tower was directly outside the McGoeys’ living room and front bedroom windows and has deprived the apartment of light, counsel said.

At one stage during the works, when a diesel generator was used by the builders, fumes infiltrated the family’s apartment through a vent which caused a significant health risk to the McGoeys, in particular to Mr McGoey, who the court was told has a serious medical condition.

Judge Barr heard that the diesel generator has been replaced by a petrol one. However, the McGoeys claim it still emits fumes and is extremely noisy.

Mr Quirke said a consultant engineer on behalf of his clients had surveyed the construction works.  His report raised health and safety concerns, counsel said.

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‘Like it or lump it’

The court heard that the couple’s solicitors, Tiernan & Co Solicitors, had written to the defendants, who had replied that steps were being taken to deal with their complaints.  The couple claimed the works still remain dangerous.

Mr Quirke said the McGoeys had only been informed about the works some four days before construction started.

Counsel said when Mr McGoey raised concerns about the effect of the scaffolding and hoarding on his home, he had been told by a representative of the builders to, “Like it or lump it, that’s the way it is going to be”. However, he said the person who said that had later apologised.

Mr Quirke said there was also concern as to whether or not the defendants have the entitlement to build on the roof of the apartment block at all.  Judge Barr heard there was a question about the transfer of the roof, which was a common area under the control of a management company, to the company in receivership.

Comments are closed on the article as it involves ongoing legal proceedings.

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Aodhan O'Faolain and Ray Managh


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