Reporting by Julie Smyth and Ann O'Loughlin
Homesavers will close their stores in Dungarvan and Tramore from midnight tonight with the loss of dozens of jobs.
The closure comes on foot of a court order taken by Waterford City and County Council for breach of planning permission.
Waterford City and County Council originally sought an injunction against Homesavers in mid-November amid claims certain stores were operating without the appropriate planning permission.
The council said the city premises only had permission for retail warehousing premises that sell large bulky household items like carpets and electrical goods.
While the Tramore and Dungarvan shops also didn't have permission to operate as retail shops selling small household goods and general retail items,
The original injunction was set aside on appeal by Centz Retail holdings, operating as Homesavers, pending a full court hearing.
At lunchtime today, the outcome of that full hearing was revealed and both Tramore and Dungarvan stores must close at midnight tonight.
In his judgment ordering closure of two stores and restrictions on the third, Mr Justice Simons said it "strains credulity" that such a well-resourced company with more than 30 retail stores around Ireland would not have taken legal and planning advice prior to executing lengthy leases on these three premises.
He said Homesavers' criticism of the council's approach was untenable.
The respondents had "no defence" in relation to Dungarvan and Waterford and the court declined to exercise its discretion to postpone a closure order pending the outcome of the planning applications for those stores, he said.
It would be contrary to the public interest in ensuring planning compliance in circumstances where the respondents had shown a "reckless disregard" for the requirement to obtain planning permission before opening. The closure orders were to come into effect from midnight Wednesday and all unauthorised signage to be removed within 72 hours.
In a statement issued to WLR News, a spokesperson said they were saddened by the decision, which put at risk all the local jobs at the two stores:
“It is with sadness, Home Savers have to announce the closure of our Tramore & Dungarvan stores as of midnight tonight. The closure is as a result of a court order, obtained by WCCC in relation to Tramore & Dungravan Stores.
"Home Savers were genuinely excited about opening in Tramore & Dungarvan, and in that regard, we want to thank all our customers & the local Community for their Support.
"The immediate Closure of the Tramore & Dungravan Homesavers Stores puts all of the jobs at the two stores at risk."
Stores in Waterford city will remain open, but will no longer be permitted to sell food. The statement said: "Homesavers Stores at Kingsmeadow Waterford; And Ballybricken Waterford will remain fully open for trading.
Homesavers also want to thank all of their local Staff, in County Waterford, for their support and effort, in what are difficult and challenging times. We will endeavour to work and engage with Waterford City and County Council, over the coming months, in the prospect of getting the Tramore & Dungravan Stores re-opened."
The Waterford city premises can continue to operate but will be restrained from selling clothes, footwear, and convenience goods, including non-durable household goods and food. Unauthorised signs there are also to be removed within 72 hours.
