Carlow Quarry Restoration Order – Irish Times
- and its director, David Condell, operated an illegal quarry in County carlow.
- When: unauthorised quarrying activity occurred since 2023, despite a High Court order in July 2023 to cease operations.
- Why it Matters: The quarry operators demonstrated a "material, significant and gross breach" of court orders, causing damage to the site and impacting local residents.
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Illegal Quarry in County Carlow Breached Court Orders, High Court Finds
The operators of Hilltop Quarries Ltd., located in Bilboa, County Carlow, engaged in illegal quarrying activities, leading to a significant legal dispute with neighboring residents, Michael Bencik and Yvonne Nolan. Despite receiving notice from Carlow County Council in August 2023 that the activity was unlawful, and a subsequent High Court order in July 2023 to halt operations, the quarrying continued and even intensified.
Mr. Justice David Nolan of the High court characterized the actions of Hilltop Quarries Ltd. and its director, David Condell, as a “material, significant and gross breach” of the court’s directives. The breach prompted a motion for attachment and committal, ultimately leading to an undertaking from Mr. Condell to cease all work at the site.
The Legal Proceedings and Remediation Order
The legal action was initiated by Michael Bencik and Yvonne Nolan,residents living adjacent to the unauthorised quarry. Their solicitors,FP Logue Solicitors,successfully argued for the enforcement of the initial High Court order and ultimately secured a commitment from the quarry operators to halt operations. Though, the continued activity after the initial order necessitated further legal action.
in his judgment, Mr. Justice Nolan ordered Hilltop Quarries Ltd. and David Condell to undertake the full remediation of the site. This specifically includes refilling the craters created by the unauthorised quarrying, effectively restoring the land to its previous condition. The extent of the damage and the cost of remediation remain to be fully assessed.
Timeline of Events
| Date | Event |
|---|---|
| 2023 (Ongoing) | Unauthorised quarrying activity commences at the Bilboa site. |
| August 2023 | Carlow County Council notifies Hilltop Quarries Ltd. of the illegal nature of the quarrying. |
| July 2023 | High Court issues an order halting unauthorised quarrying and related activities. |
| July – August 2023 | Quarrying activity intensifies in direct violation of the High Court order. |
| [Date of Motion] | Bencik and Nolan’s solicitors file a motion for attachment and committal. |
| [Date of Undertaking] | David Condell provides an undertaking to cease all work at the site. |
| [Recent Judgment Date] | Mr.Justice Nolan orders remediation of the site. |