A CO DUBLIN creche has secured a temporary High Court injunction over foul and obnoxious smells it claims are being caused by waste water coming from an Applegreen Service Station on the M1 motorway.
Gary and Theresa Ryan, trading as the Woodland Creche and Montessori at Dun Emer Rise in Lusk, say the station is the cause of noxious gases and odours affecting the health and safety of the 80 young children who attend the facility and the 12 staff working there.
The creche claims the defendant is allowing the repeated emission of foul and noxious gases, which come from human and other waste from the service station.
The facility has a holding tank for waste water. The creche claims when the service station’s tanks reach a certain level waste water is automatically pumped into the main sewer system via an interconnector.
The outfall manhole where the service station’s waste water joins the main system is located adjacent to the Woodland Creche.
On Tuesday the creche secured an interim injunction from Mr Justice Paul Gilligan restraining Petrogas Group Limited trading as Applegreen from permitting the escape of noxious gases from effluent from their premises on the M1 through the outfall manhole cover in Lusk.
The injunction was granted, on an ex-parte basis where only one side was present in court. The Judge, who noted the creches concern about the risk to the children and its staff, said he was satisfied to grant the injunction.
However he added that it remained to be seen if the order would result in the station having to be closed.
Overwhelmed
Seeking the injunction Matthew Jolley Bl for the creche said the matter was the subject of previous High Court proceedings in 2014, after the creche said it was overwhelmed by foul and noxious smells two or three times a week.
That action was resolved earlier this year when undertakings were given by the defendant not to pump waste materials from the service station’s tanks outside of the hours of between 11pm and 4am, counsel said.
However in the last two weeks the foul smells have returned and parents bringing their young children to the creche have raised concerns over the fumes, counsel said.
Counsel said Mr Gary Ryan and an Environmental Engineer attended at the creche earlier this week at 7am. After opening the doors the foul odour was “so repulsive and nauseating that they had to leave the premises for health and safety reasons”.
Counsel said while certain steps have been taken by the defendant since the problem returned, including pumping out the tanks, counsel said those actions have not dealt with the problem.
His client has no confidence in the assurances that have been given, counsel said. Counsel said there is a risk that the children will be permanently removed from the creche due to the stench.
The Judge adjourned the matter to this Friday, 14 October.
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