Dozens of caravans parked on Curragh must leave, judge orders
The Minister for Defence has been granted
High Court
orders preventing dozens of caravans camping on lands in the Curragh,
Co Kildare
.
Mr Justice Brian Cregan ordered that caravans, cars and other vehicles parked on the Department of Defence land, including areas used by horse trainers for gallops attached to the Curragh Racecourse, be removed by 1pm this Friday. Some of the caravans are also close to the Defence Forces firing ranges and have prevented the carrying out of training exercises.
In an affidavit, department principal officer of property management, Eoin McDonnell, said 'mountains of rubbish' have been left behind by the transient and changing groups of caravan occupants, who the court heard are believed to be members of the Travelling community.
There were caravans on the lands for nine months of last year and the bill for cleaning up the rubbish was nearly €186,000. Since the arrival of the first group of caravans in March, the bill has reached some €31,700, he said.
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The dumped waste includes garden waste dumped as a result of transitory businesses along with household rubbish including clothing, bedding, mattresses, furniture, used nappies, sanitary towels and other such items. On one occasion, a young pup was found in rubbish dumped in a gully along the side of a road.
The use of scramblers and quad bikes on the lands has caused damage to greens at Cill Dara Golf Club, while local residents have complained about noise and general nuisance from the encampments, Mr O'Donnell said.
Fires have also been lit causing damage while on occasion illegally dumped material partially buried on the land create a serious trip hazard for horses galloping on the Curragh plain. Dogs are running around the horses and animals have been left to graze on the land by the caravan occupants.
Some 200 horses are trained daily on the lands and the trainers based at the Curragh have said it is becoming very difficult to train due to the increased volume of caravans being parked close to a gallops known as Little Curragh, Mr O'Donnell said.
Applying for the injunctions on a one-side only represented basis, Kelley Smith SC, for the Minister, said there has been quite a history over the decades of regular trespass on the lands by caravans, usually coming from England or France, during the months of May and August. Between 1992 and 2000, six court orders were obtained prohibiting the trespass.
Despite those, since 2000, the unlawful caravan encampments have continued. Last year, counsel said, the number hit a record 75 at one point but this year that number was exceeded, with 89 counted.
The caravan dwellers change as some move on and others arrive and they are located in a number of different areas around the Curragh. The Dublin-Cork rail line runs through the lands and a fire next to the line last March caused major disruption, counsel said.
Bailiffs had been employed to serve notices to quit to the caravan occupants and only 21 people were identified, but because of the changing composition of those involved it has not been possible to identify everybody, counsel said.
Mr Justice Cregan ordered that notices of the court order be pinned to the doors of each of the caravans, including the 21 named people, along with a 'plain English' notice explaining the order.
He said anyone who wishes to contest the orders can turn up in court on Friday.
He further ordered that the defendants and all people with notice of the orders be prohibited from returning once the Friday deadline has passed.
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