Sunday 22 October 2017

Michelle Rocca in High Court agreement over tree-felling documents

AGREEMENT has been reached between singer Van Morrison's wife Michelle and her neighbours over access to documents in a dispute over tree-felling and privacy, the High Court heard yesterday.

In October 2010, Ms Morrison received High Court permission to challenge Dun Laoghaire Rathdown Council's alleged failure to protect her family's privacy when granting planning permission for works on a neighbour's house in Dalkey, Co Dublin.



The case has yet to go to full hearing.



Ms Morrison, of Kilross House, Sorrento Road, Dalkey, wants the court to overturn the council's decision to accept that redevelopment work done at Desmond and Mary Kavanagh's "Mount Alverno" house complied with planning permission.



She claims that without proper landscaping - and in particular the replacement of trees - the Morrison's rear garden is overlooked by the Kavanagh property.



Last month, Eamon Galligan, counsel for Ms Morrison, applied to Mr Justice John Hedigan for a discovery order (disclosure) on documents in the possession of the Kavanaghs in advance of the full hearing.



The judge agreed to the application, but said the parties should meet to agree what it should entail and he adjourned the matter to yesterday when Mr Galligan said discovery matters had been agreed and its terms were handed into court.



Mr Justice Hedigan adjourned the matter for six weeks for the documents involved to be provided.



The case will come back before the President of the High Court's list for case management when a date for hearing of the substantive matter is expected to be set.

The judge also awarded costs of the discovery application to Ms Morrison, which was not opposed by counsel for the Kavanaghs.



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