Court of Appeal dismisses Jim Ferry’s appeal over adjourned waste-facility case

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

The Court of Appeal dismissed Jim Ferry’s appeal against the High Court’s decision to adjourn his case against John Caulderbanks trading as D&M Services and D&M Environmental Services Ltd trading as DM Waste for 12 months. Ms Justice Miriam O’Regan had ordered the adjournment on 5 February 2021, allowing the firms’ planning applications concerning their Labbadish site to proceed.

Ferry argued the High Court should have made an order concerning its finding about an unauthorised shed at the respondents’ property. In her judgment on 21 December 2021, Ms Justice Power held that if the firms succeeded in their pending planning applications, the matter would end; if they did not, Ferry’s adjourned application could proceed to a final determination. She dismissed the appeal and allowed the case to continue on its adjourned date.

Ms Justice Power also relieved Ferry of the finding that there had been no material change in use and therefore no unauthorised use. She relieved the respondents of the finding that an unspecified structure on their premises constituted an unauthorised development.