High Court reporters
A High Court row over the use of a marquee for events, including weddings and musical concerts, beside a Waterford hotel has been resolved.
The events were scheduled to take place between March and June at a marquee located beside the Haven Hotel, Dunmore East in Co Waterford.
However, Winifred Sutton, who lives close to the hotel, claimed the marquee lacks planning permission.
Ms Sutton claimed no application for planning permission for the new marquee had been sought, and the structure was clearly "an unauthorised development".
She claimed the marquee was erected earlier this month, in the same place on the defendant's property, where another marquee had been located.
The previous marquee was dismantled in January after its temporary planning permission expired late last year, the court heard.
Earlier this month, Ms Sutton commenced High Court proceedings against Integon Limited, who she claims own and operate the hotel and marquee.
She sought various orders, including an injunction restraining the alleged unauthorised development on the lands in question.
The plaintiff, represented by Neil Rafter Bl, instructed by Mark Walsh of Kenny, Stephenson Chapman solicitors, also sought an order restraining the defendant from operating the development otherwise than in compliance with the 2000 Planning Acts.
The defendant, represented by Richard Downey Bl, instructed by Halley solicitors, had denied any wrongdoing.
Resolution
The matter came before Ms Justice Miriam O'Regan during Tuesday's vacation sitting of the High Court.
The judge was told by Mr Rafter that following out of court discussions the matter had been resolved.
No details of the settlement agreement, which is confidential, were given in open court.
In a sworn statement to the court, Ms Sutton said she first commenced proceedings in the lower courts against the defendant in 2019, arising out of its use of the marquee.
She said the defendant did obtain temporary planning permission for the marquee from the local council in 2021.That decision was upheld following an appeal by another neighbour to An Bord Pleanála.
It was claimed that as part of the permission granted, the defendant was allowed to operate a marquee for a period of 18 months, after which the structure would have to be removed permanently.
Ms Sutton claimed the temporary permission also contained conditions about limiting the level of noise from the marquee, including that music was to cease at 11pm each night, and that an electric noise limiter be installed.
However, she further claimed that the levels of noise coming from the marquee on occasions were "excessive" and well over the limit envisaged in the temporary permission.
She claims the previous marquee was never sound-proofed, nor was a noise limiter installed.
Mr Sutton claims that while the structure should have been dismantled last December, the original marquee was taken down in January after the local council sent the defendant warning letters and an enforcement letter.
She said she discovered earlier this month that a second marquee was being erected on the defendant's premises. Arising out of that, she commenced her High Court action, aimed at restraining the unauthorised development.
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