Seeking the injunction, the council claimed the McDonaghs were not only in unlawful occupation of what is a green field site but had also breached the 2000 Planning and Development Act by constructing unauthorised development. in the form of stone road and a “courtyard” between the dwellings.
While any dispassionate observer would recognise that there has been fault on both sides, the fact remains that the legal system has not found it altogether easy to accommodate the distinct cultural traditions of the travelling community within its traditional ambit of protecting and enforcing property rights, enforcing laws restraining trespass and legislation designed to give effect to legitimate planning, zoning, and environmental concerns.
Another critical factor was that the case concerned an application brought by a council in its role as a landowner and planning authority. In this respect, the McDonaghs raised an arguable point that the council had failed in its duty as a housing authority to offer them suitable accommodation, having regard to Ms. McDonagh’s medical needs and the fact that accommodation previously offered had raised “compatibility issues”.
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