10 Aug 2022

Tipperary County Council takes High Court action against members of Travelling community

Tipperary County Council brings High Court against members of Travelling community

Tipperary County Council has brought High Court proceedings aimed at requiring members of the Travelling Community to vacate an unofficial halting site. 

The action has been taken against eight persons whose presence at Cabragh Bridge, Cabragh, Thurles, the County Council claims constitutes a public nuisance.   

The council seeks an injunction compelling the defendants to remove their mobile homes, vehicles and caravans from Cabragh Bridge, and not cause any obstruction to the roadway. It also seeks an order requiring the defendants to vacate and cease residing on or anywhere in the vicinity of Cabragh Bridge, which it says is an inappropriate and unsuitable place to reside. 

The Bridge itself was a part of the R659 regional road. It is no longer part of that road following the construction of a new section of that route some years ago. 

The council, represented by David Humphries Bl, has brought the proceedings against William McCarthy, Elizabeth McCarthy, Mary Ellen McCarthy, Jimmy McCarthy, John McCarthy, Winnie McCarthy, Belinda O'Reilly and Ned O'Reilly. 

The court heard that members of the McCarthy family have lived on the Bridge for 40 years.

Tipperary Council has made provision for other members of the family to be accommodated in six unit group housing scheme, which is now ready for occupation. 

However, the defendants in this action, who it claims moved to the site on various dates between 2015 and September 2018, will not be accommodated in the new scheme.

The council has offered the defendants help in securing alternative accommodation, but says its needs the site at Cabragh Bridge cleared. 

The council says that it has asked the defendants to leave the site, but they have not done so and has no alternative other than bring legal proceedings against the defendants.

At the High Court on Thursday, Ms Justice Leonie Reynolds granted the council permission to serve short notice of the injunction proceedings on the defendants. The judge, who noted that the matter was urgent and that there are health and safety concerns, made the matter returnable before the court next week. 

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