A fresh prosecution has been launched against the Donegal company at the centre of the defective concrete blocks scandal for failing to comply with an enforcement notice.
The case against Cassidy Brothers Concrete Products Limited was mentioned briefly at Buncrana District Court this week.
The new charge against Cassidy’s relates to a failure to comply with a notice served by Donegal County Council in 2023.
An enforcement notice was served for the creation of a storage yard, a concrete base and an infilled area at the company’s base at Gransha, Buncrana. They were ordered by the Local Authority to cease use of the land concerned and cease use of the concrete base for storage.
The company is charged that being a person on whom an enforcement notice, dated October 2, 2023, was served on by the prosecutor in accordance with the Planning and Development Act 2000, relating to unauthorised development at Gransha, Buncrana that they did not within the period specified in the said notice take the steps required thereby to be taken.
The charge is one contrary to the Form of Sections 154 (8) and 156 of the Planning and Development Act, 2000.
Donegal County Council was represented by Ms Donna Ferry from VP McMullin Solicitors.
Judge Éiteáin Cunningham heard that the matter could be adjourned on consent and the case was put back to January, 2025.
Last year, a court heard that Cassidys were unable to discharge various financial contributions, totalling over €670,000, to Donegal County Council. These monies were part of strict conditions laid down by the local authority in granting planning permission for continuation of the quarrying works.
A planning enforcement officer visited the site in April 2022 and established that six of 18 issues of non-compliance were either outstanding or part-outstanding and an enforcement notice was issued in May 2022.
Various monies, in respect of a security bond and financial contributions relating to road works and development charges, and which totalled €671,199.64, were still outstanding and were due to have been discharged. That matter is still before the courts.