A widow being sued by a Greg Kavanagh development firm has issued High Court proceedings seeking to overturn permission for the company to build 98 homes near her property.
Oonagh Stokes says she is a neighbouring landowner who enjoys rights-of-way over the site of the proposed development at Inchanappa South, Ashford, Co Wicklow.
Securing leave of the court to proceed with her case, barrister John Kenny said this week that there was “some significant history” between his client and developer Beakonford Limited.
The firm, of which Mr Kavanagh is a director, initiated an action late last year against Ms Stokes and another local resident, Barbara Wilding, claiming their appeal of Wicklow County Council’s permission for the 98-home development lacks bona fides and is instead a “device” to extract a €6 million payment.
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Beakonford, represented by Martin Hayden SC, alleges Ms Wilding was acting as Ms Stokes’s alter ego or agent.
The women strongly deny the claims, and Ms Stokes brought a separate action in May alleging Mr Kavanagh is behind a campaign of bullying and intimidation against her.
She says the firm ripped up cables feeding her driveway lights and pulled down a fence separating her property from Beakonford’s land.
In her case against the firm and Mr Kavanagh, she alleges the director is acting in a “threatening and unhinged” way towards her.
She says Mr Kavanagh acquired the land beside her home from Nama, which had been transferred to the State agency by her late husband Brian during the economic crash.
She claims she was taken aback when in the summer of 2022 Mr Kavanagh asked if she would sell her house and land for €10 million. She asked for time, but by October the firm was offering a much lower sum, she alleges.
In her judicial review initiated recently against An Bord Pleanála, Ms Stokes is asking the High Court to quash permission for the 98 homes. She also wants an order preventing the developer from carrying out works until her case is resolved.
She alleges the planning application did not refer to any wayleaves or right-of-way and wrongly included her land without her permission.
The proposed scheme also contravenes local development plans, and the board legally erred by concluding otherwise, she claims.
Ms Stokes also says the project will affect the protected Inchanappa House and its curtilage. Further, she says it was not open to the board to exclude the possibility that the build could have a significant effect on the environment.
Mr Justice Richard Humphreys this week gave her permission to pursue her claims through the High Court’s judicial review mechanism. Her case came while only she was represented in court and will return on July 9th, when the board and notice-party developer can respond.
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