Courts / Dublin / Report

Creche granted injunction over "obnoxious smells"

Summary

Gary Ryan and Theresa Ryan, trading as Woodland Creche and Montessori in Lusk, secured a temporary High Court injunction against Petrogas Group Limited, trading as Applegreen, over alleged noxious smells. The applicants claim waste water from the M1 service station causes foul odours that threaten the health and safety of 80 children and 12 staff. Counsel stated that an outfall manhole adjacent to the creche releases gases when the station's tanks pump waste into the main sewer. Although previous 2014 proceedings resulted in undertakings to restrict pumping to 11pm to 4am, the applicants alleged the smells returned recently, causing parents to raise concerns. Counsel noted that Gary Ryan and an engineer found the odour so repulsive they had to leave the premises. Mr Justice Paul Gilligan granted the interim injunction on an ex-parte basis, restraining the defendant from permitting the escape of noxious gases. The judge noted the risk to children and staff but stated it remained to be seen if the order would force the station to close. The matter was adjourned to Friday.

Who, what, where, when and why

What: Report matter: Creche granted injunction over "obnoxious smells". Procedural stage: hearing_or_decision

When:

• 2016-10-11 Publication

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Places mentioned

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Stage Hearing Or Decision

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Read the original CNI report