Kildare company building new National Children's Hospital will engage in mediation with residents

From the courts

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Kildare company building new National Children's Hospital will engage in mediation with residents

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The parties involved in a dispute over damage allegedly caused to houses located near the site of the new National children's Hospital in Dublin have reached an agreement, the High Court heard today, Friday.

Residents from the O'Reilly Avenue, Ceannt Fort, Mount Brown areas of Dublin 8 had sued the National Paediatric Hospital Development Board and BAM Civil Limited, which is headquartered in Kill, Co Kildare, the firm which is building the hospital

The residents, who live close to St. James Hospital in Dublin where the new €1bn children's hospital is being constructed, claim their homes have been damaged as a result of certain works being carried out by the defendants.

They had sought orders including an injunction preventing works being done on the site until steps are taken to remediate and protect their property from sustaining any further damage.

The case, which was opposed by both BAM and the Hospital Development Board, opened before Mr Justice Richard Humphreys on Friday morning. 

However following negotiations between the sides John Rogers SC for the residents told the court late on Friday evening that the application for injunctions had been resolved "to the satisfaction of all parties." 

It was also agreed that the case could be adjourned until the full hearing of the action. No details of the settlement agreement were revealed in open court, and the terms of the resolution are confidential. 

Mr Justice Humphreys congratulated the parties on coming to an agreement. 

Opening the case Mr Rogers said his clients are not opposed to the new hospital being built. The injunction he added was not some "rogue application" brought by people with "a different agenda." 

They had sought order primarily over the "significant damage"  their properties have already sustained, and due of concerns of sustaining more damage in the future.  

BAM, represented by Shane Murphy SC and the board represented by Jarlath Fitzsimons SC urged the court not to grant the injunctions sought. If granted such orders it could have halted works on the site of the new hospital, which is expected to take three years to build.

They had offered to go to mediation and seek a resolution to any difficulties that may have been caused by the construction works, the court also heard.