The High Court has refused an application by three plaintiffs for interlocutory injunctions to prevent a proposed accommodation project at the former Crown Paints site in Coolock, Dublin 17.
In a judgment delivered on 31 October 2024, Mr Justice David Holland said the application was based on claims that the project breached the EU precautionary principle and public participation rights under the Aarhus Convention. He found those claims, as advanced, did not raise a fair issue to be tried. The court rejected the requested interim relief; it did not determine the full proceedings or rule on whether the proposed development qualifies for a planning exemption.
The plaintiffs sought to stop the defendants or their agents from housing migrants at the site or nearby, and to require public representatives to halt the project. The judge said Article 191 of the Treaty on the Functioning of the European Union does not have direct effect in Irish law, and the precautionary principle is not independently actionable in Irish courts. He also found that the plaintiffs had not identified domestic legislation giving effect to the public participation right they relied on under Aarhus.
The judge separately said the request to compel public representatives to halt the project fell short of the strong case required for a mandatory interlocutory order. He found no explicit and unambiguous duty requiring public authorities to take that step.
The proceedings began with a plenary summons issued on 16 August 2024 and amended on 30 September. No statement of claim had been delivered by the time of the motion. Other claims in the summons, including allegations about policing, were not the basis for the injunction application and were not decided by this ruling.
Townbe Unlimited Company, which the judgment identifies as leasehold owner of the site, intends to develop it with 230 prefabricated residential units intended to accommodate up to 741 people, and to operate an International Protection Accommodation Service centre there. The judge recorded that no contract with the State had been signed and that Townbe would not resume work until it and An Garda Síochána considered it safe. He made no ruling on whether the proposed works or use are exempt from planning permission. The State intends to require a planning declaration before contracting for operation of a centre at the site.
The judgment also addressed claims and affidavit statements made in support of the application, finding there was no evidence supporting allegations including genocide, contagion or civil war. The judge said the ruling did not decide broader political questions about migration or restrict freedom of speech.