The High Court has temporarily halted sand and gravel extraction on disputed lands in County Limerick while a planning dispute between Limerick County Council and quarry operator Joseph Tobin awaits a full hearing.
The council alleged that Mr Tobin, trading as Harry Tobin Sand and Gravel, was carrying out unauthorised quarrying in areas identified in the proceedings as T, X and Y without planning permission. Mr Tobin disputed that claim. He said the activity was a continuation of quarrying which pre-dated October 1, 1964 and therefore did not require permission.
Mr Tobin had operated a sand and gravel business since about 1989 after acquiring lands previously associated with the Frawley family. Other nearby quarry areas had been covered by planning permissions, but some of those areas were virtually exhausted.
Mr Justice Michael Peart stressed that the court could not decide at this preliminary stage whether the disputed lands genuinely benefited from a pre-1964 quarry use. That issue would require evidence, potentially including witnesses with first-hand knowledge of historical activity and documentation surrounding the land purchases.
The immediate question was whether quarrying should continue pending that hearing.
Mr Tobin said an injunction would threaten his business, contracts and the jobs of 20 employees. The court accepted that he could suffer losses. However, it found those losses could be quantified and compensated if he ultimately succeeded.
By contrast, continued extraction could permanently destroy the character of the lands before the planning issue was resolved. The court considered restoration after months of quarrying unlikely to return the site to anything reasonably resembling its current condition.
The judge therefore found that the balance of convenience favoured preserving the lands. He granted the council’s interlocutory relief and indicated that directions on pleadings, discovery and an early substantive hearing would follow to minimise prejudice to Mr Tobin.