A LONG-RUNNING court battle over defects in hundreds of north Dublin houses has heard a claim that the quarry which provided infill material breached planning permission by supplying the material to the construction industry
Dr Robert Donnelly, director of Geoplan Ltd, told the Commercial Court that Irish Asphalt Ltd obtained planning permission for its Baylane quarry in north Dublin on the basis that the aggregate extracted would be used to manufacture asphalt at a plant owned by the company at Ballycoolin.
In the case, four companies owned by builder Séamus Ross are claiming that defective infill supplied from Baylane caused defects in three north Dublin estates. Lawyers for the Menolly companies owned by Mr Ross claim the infill contained pyrite, which caused the problem.
The Lagan group, which owns Irish Asphalt, denies the claims and says the problems arise from bad workmanship and design.
The outcome of the case will decide liability for up to €60 million in damages to the houses. The case is also being watched by other builders who have experienced problems with cracking walls and “heaving” floors.
In evidence given last week, Dr Donnelly said the 2001 planning permission for the quarry stated that the development was to be carried out in its entirety in accordance with the details lodged with the application. This meant that the planning authority, Fingal County Council, wanted the project to go forward on the basis of the details submitted, eg that the aggregate would be used at Ballycoolin.
He said the road traffic assessments in the planning application and the materials tested all related to the asphalt production at Ballycoolin. The traffic impact survey in the EIS was clearly based on a specific routing from Baylane to the Ballycoolin plant.
But lawyers for the Lagan group argued that Dr Donnelly had incorrectly analysed planning law. Jim O’Callaghan, barrister, for the Lagan group, said if the council was so concerned about the use to which the material from the quarry would be put, it would have specified as a condition that it only be used in Ballycoolin. The case is set to last at least nine months.
