Business Irish

Tuesday 21 May 2019

Lagan Asphalt claims rival plant lacks proper permission

Four Courts return: Justice Seamus Noonan said the case could come back to the High Court next week
Four Courts return: Justice Seamus Noonan said the case could come back to the High Court next week

Tim Healy

A leading road construction materials supplier claims a rival is operating a plant without the required air emission and planning approvals, the High Court has heard.

Lagan Asphalt says there is a commercial aspect to its claims against Mullafarry Quarry Ltd, operators of an asphalt supplying quarry and plant at Mullafarry, Killala, Co Mayo, because the competitor lacks such approvals when it comes to tendering for a Sligo/Mayo road project.

Jarlath Fitzsimons SC, for Lagan, was given permission yesterday to serve at short notice injunction proceedings under planning and air quality laws against Mullafarry Quarry. Mr Justice Seamus Noonan, who heard the application on a one-side only represented basis, said it could come back to court next week given its urgency.

Mr Fitzsimons said Lagan has put in a tender to provide materials for the N59 Ballina to Sligo road improvement scheme. Mullafarry is also one of the tendering parties.

Counsel said his client carried out routine checks on whether potential competitors have obtained the required permissions/licence under the Planning and Air Pollution Acts in circumstances where Lagan has such approvals for its asphalt producing plants. In conducting those checks, it became clear Mullafarry does not have those approvals for the Killala plant, it said.

Aerial photographs show there has been substantial development at the quarry over the years, he said.

Mr Fitzsimons said his client had been in contact with Sligo Co Council, which will decide on the tenders, and Mayo Co Council, in whose administrative area the road and quarry are, but has received no responses yet.

The urgency of the matter was that the tender for the road project is about to the awarded, he said. Asked by the judge if the local authorities had done nothing in relation to the alleged licence and approval matters, Mr Fitzsimons said that was the case and that was why his client took legal proceedings.

Irish Independent

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