Clare Council brings action against Traveller family it says is trespassing on social-housing plot

Clare County Council seeks an injunction against Bernard and Helen McDonagh compelling them to vacate a site at Ashline, Kilrush Road, in Ennis where they have been living since November 24 last.

The Court heard the site had formally been used as Traveller accommodation, but had been vacant in recent years following a suspected arson attack.

The site had contain several houses, some of which had been badly damaged by fire.

The Council is taking the action because there are plans to build 40 social housing units on the site. It says the site is a health and safety hazard for the McDonagh family.

At the High Court today, Ms Justice Caroline Costello granted the Council permission to serve short notice of the proceedings on the McDonagh family.

The case will come back before the court next week.

Seeking the order Patrica Hill Bl for the Council said the site had not been used following the fires. It had been sealed off and concrete bollards were erected around it.

At around 3am on the morning of November 24 last, heavy machinery and a forklift were used to remove the barriers, which allowed access to the site.

There are now two caravans and horses on the site, counsel said.

The council has "serious health and safety concerns" about the site, counsel said.

There are plans to build 40 social housing units on the site, and construction work is due to start next Spring, counsel added.

Counsel said the local authority engaged in talks with the McDonaghs in an effort to resolve the problem.

It made offers of alternative accommodation to the couple and their children, including an offer a private rented four bedroom house in Ennis.

Counsel said the offers had been refused, and the local authority had no option other than to bring court proceedings.