Wicklow couple granted injunction over crane allegedly swinging over their home
The Wicklow PeopleA Wicklow couple have gone to court seeking an injunction over a crane at a nearby property development, which they claim is swinging over their home.
Sean Greif and Helene Xisto of Seapoint Road, Bray, appeared at a special sitting of Wicklow Circuit Civil Court seeking an injunction against Shankill Property Investment Limited, with a registered business address at One Royal Canal Park, Dublin 15.
Counsel for the defendant, Conor Feeney, told the court that on September 1, a temporary injunction was put in place.
He said that the case concerns a crane being used at a nearby property development, which the applicants claim is oversailing their property.
The crane is being used as part of a 46-apartment development on the former Lakers Social and Recreational Club site along Seapoint Road, on the south bank of the River Dargle.
It consists of two apartment blocks, with 26 one-bedroom, 17 two-bedroom apartments in one block, and 20 apartments in the second block.
Mr Feeney said his client does not dispute that it was oversailing, but due to the works taking place, they could not stop it from happening.
The court was told that the jib, which is the long horizontal part of a crane, has not overhung since the temporary order was put in place due to restrictions placed on the operator and crane.
A crane must be left in a “free position” after operating to allow it to move with the wind, so it does not blow over.
Barrister for the applicants, Barra McCabe, said that he is seeking a full hearing date on September 22, to allow both legal teams time to exchange affidavits.
Judge John Martin said that they were at liberty to file as many affidavits as they wanted, but said the crux of the case is that a loaded crane is swinging over the applicants’ property, leaving them worried about potential damage.
However, the judge added that when it is unloaded, it “is a matter of physics that it must swing”.
Mr Feeney stated that his clients have moved up the date the crane is coming down to the end of September.
Judge Martin adjourned the matter for mention until September 29, to allow time to see if the crane is taken down, with costs also being reserved until then.