High Court proceedings have been brought against protesters who are preventing builders from completing a social housing scheme in west Dublin. Posters displayed by some protesters stated: “More social housing for the Irish”.
K&J Townmore Construction Ltd has been contracted by Cluid Housing Association to build 65 houses and apartments at Ladyswell Road, Mullhuddart, Dublin 15.
The firm claims its workers and subcontractors have been unable to access or exit the site since mid-January after a group of protesters began to physically obstruct and stand in front of vehicles trying to enter or leave the site.
The prolonged protest has significantly impacted on the firm’s ability to comply with its contractual obligations to complete the works on time, and damaged its reputation, it is claimed.
Townmore, represented by Gary McCarthy SC, claims the protest has been organised by local residents who have maintained a constant, 24-hour presence on the site.
Since first arriving on the site, the protesters, who the court heard have set up a tent just outside the main entrance, have used placards stating “Local houses for local people”, “More social housing for the Irish” and “Make the social housing list fair.” Counsel said the dispute was between Cluid and the residents and that his client was “caught in the middle.”
The company claims the disruption caused by the protests have resulted in costs of more than €1.5 million. Some subcontractors have moved on, and aspects of the buildings have degraded due to exposure caused by the bad weather over the past seven weeks, it was stated.
The company says it is not trying to prevent anyone’s right to protest but claims the actions have “gone beyond a legitimate peaceful demonstration.”
Mr McCarthy SC, with Julie Maher Bl instructed by solicitor Tom Casey, said meetings between the protesters and Cluid have not resolved the dispute.
As a result the company was left with no option but to seek orders including an injunction restraining the protesters from trespassing or interfering with access to the site.
The application is brought against Alice Woods, whom the company says is the leader of and the spokesperson for the protesters.
On Tuesday the application came before Ms Justice Leonie Reynolds, who granted the firm permission to serve short notice of the injunction proceedings on the protesters.
The judge said the protests may end up delaying or preventing the housing scheme from being completed. The judge, in adjourning the matter to later this week, also expressed her concern over the number of school-age children that appear to be involved in the protest.
From the evidence before the court, these children, who “appear to be under 18 years of age” were being “used as pawns” in the protest, the judge said. If that proved to be the case, “other agencies” may have to be added to the proceedings, she said.