A Co Dublin creche has secured a temporary High Court injunction over "foul and obnoxious" smells it claims are the result of waste water coming from an Applegreen service station on the M1 motorway.
Gary and Theresa Ryan, trading as Woodlands Creche and Montessori at Dun Emer Rise, Lusk, claim the station is the cause of noxious gases and odours which are affecting the health and safety of 80 children who attend the facility and its 12 staff.
The creche claims the gases and smells are the result of human and other waste from the service station.
The station has a holding tank for waste water, and the creche claims that when the tank reaches 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 creche.
Interim injunction
On Tuesday, Matthew Jolley BL, for the creche, secured an interim injunction from Mr Justice Paul Gilligan restraining Petrogas Group Ltd, trading as Applegreen, 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 and made returnable to Friday.
The judge, who noted the creche’s concern about the risk to the children and staff, said he was satisfied to grant the injunction.
It remained to be seen if the order would result in the station having to be closed, he said.