Drennan vs Walsh

This case concerned a dispute between the plaintiffs, Mr. and Mrs. Drennan, and the defendant, Mr. Walsh, over quarry operations alleged to cause nuisance and physical damage to the plaintiffs' property.

TLDR:

• The plaintiffs claimed damages and injunctive relief for nuisance and trespass due to quarry operations.
• The court found that the quarry operations caused noise, dust, and physical damage to the plaintiffs' property.
• The court awarded damages and granted an injunction to restrain the defendant's activities.

The plaintiffs, Mr. and Mrs. Drennan, owned a residential property near Fishquarter Quarry, operated by the defendant, Mr. Walsh. The quarry had been disused for 30 years before Mr. Walsh resumed operations in 2016. The plaintiffs complained about noise, dust, and physical damage caused by blasting operations at the quarry.

The plaintiffs initially sought relief through local council and planning authorities, but these efforts failed as the quarry had valid planning permission from 1967. Subsequently, the plaintiffs issued legal proceedings in January 2018, seeking damages and an interlocutory injunction. The court required undertakings from the defendant to limit quarry operations until the trial.

The trial commenced in January 2020, with the plaintiffs represented by Mr. Keith Gibson and the defendant appearing as a litigant in person. The trial faced delays due to the defendant's personal circumstances and the COVID-19 pandemic. The case was eventually relisted, and the defendant was represented by Mr. Dunlop KC.

The plaintiffs presented expert evidence from Dr. Cobb and Dr. Leinster, who confirmed that the quarry blast caused physical damage to the plaintiffs' property. The court also heard evidence from Mr. McCambley, an Environmental Health Officer, who testified about the excessive noise levels from the quarry operations. The plaintiffs also provided evidence of the dust nuisance affecting their property.

The court found that the quarry operations caused significant noise, dust, and physical damage to the plaintiffs' property. The court awarded damages for physical damage and loss of amenity and granted an injunction to restrain the defendant from causing further nuisance.

Legal representatives: Mr. Keith Gibson (instructed by Peter Dornan and Co, Solicitors) for the plaintiffs.

Judicial Panel: McBride J

Case Citation Reference: [2021] NICh 3