Co Dublin creche secures interim injunction over foul smells

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

A Co Dublin creche secured an interim High Court injunction over alleged foul smells from waste water at an Applegreen service station on the M1. The proceedings were reported on 11 October 2016.

The Woodland Creche and Montessori in Lusk claimed noxious gases and odours from the station were affecting the health and safety of its 80 children and 12 staff.

On Tuesday, Mr Justice Paul Gilligan restrained Petrogas Group Limited, trading as Applegreen, from permitting noxious gases from effluent at its M1 premises to escape through the outfall manhole cover in Lusk. The injunction was granted on an ex-parte basis, with only one side present in court.

The judge said it remained to be seen whether the order would result in the station having to close. He adjourned the matter to Friday, 14 October.

Counsel for the creche said previous High Court proceedings began in 2014. That action was resolved earlier in 2016 when the defendant gave undertakings not to pump waste materials from the station’s tanks outside the hours of 11pm to 4am, counsel said.

Counsel said the smells had returned during the preceding two weeks and parents had raised concerns about the fumes. The defendant had taken steps including pumping out the tanks, but counsel said those measures had not dealt with the problem.