South Dublin County Council yesterday defended a temporary site for Travellers in west Dublin as an appropriate place for temporary dwellings.
The council has asked the High Court to rule the Lynch's Lane site in Clondalkin suitable as a preliminary issue prior to an action by 53 Travellers seeking declarations that SDCC's housing policy is not in accordance with its legal obligations.
The Lynch's Lane site originally had 33 bays but that number has been reduced to 24.
Opening the hearing of the preliminary issue yesterday, Mr James Macken SC, for the council, submitted the site was hygienic, in proper physical condition and adequately serviced.
Mr Cathal Maguire told the court he was an engineer engaged by the council to inspect the site. He did so in October 1997 when the site was unoccupied. He said the facilities were installed following consultation with Travellers.
The condition of roads in the site was good, speed ramps had been installed to ensure children's safety and there were public lighting and fire hydrants.
Each bay had a Portakabin with a shower, sink with hot and cold running water, power points and facilities for a washing machine and dryer. There was also a separate toilet cubicle for each site with a sink. Each bay had water, electricity and a sewer.
He concluded the SDCC had developed the site to a good standard.
Mr Maguire said he took photographs of the site on Monday last and again yesterday. The site was occupied, in reasonably good condition and well maintained. He said damaged fire hydrants were leaking water on to the road.
Cross-examined by Mr David Goldberg, for the Travellers, Mr Maguire agreed the photographs he took in 1997 showed an as yet unoccupied site with new installations.
He agreed the photographs taken this week did not show the cabins, toilets or shower facilities but said they did show some flooding problems.
Mr Maguire said the flooding was caused by damaged fire hose. Two fire hydrants installed within the past week had been vandalised, he added.
Mr Goldberg said he would call evidence that there was flooding because the ramps on the roads had been installed after the road gullies and were preventing drainage. Mr Maguire agreed ramps could cause water to collect.
After being shown photos of flooding inside some Portakabins, Mr Maguire agreed there seemed to be some problems.
Asked about rubbish collection, he said he was told two skips at the entrance to the site were emptied twice weekly by the council. He said he had heard of site residents throwing rubbish over the walls despite being asked by the council not to do so.
Mr Maguire said he was told each resident was responsible for keeping their bay area tidy. He had walked the site and found it to be reasonably tidy.
Mr Goldberg said the residents disputed that the rubbish skips were collected twice weekly and claimed they were allowed to overflow. He said there were also concerns that a fire brigade could not get through because of a boulder obstacle which was removed in the early morning and reinstalled at 4 p.m. daily. There had been two fires on the site and two caravans had been burned down.
Mr Maguire said mobile homes and caravans burned very quickly and required an immediate response. Hydrants were installed because fire brigades often could not arrive in time. But some had been vandalised.
The hearing before Mr Justice Kinlen continues today.
