Cassidys enforcement case adjourned again

An enforcement case against the Donegal company at the centre of the defective concrete crisis has been adjourned for two months.

The case against Cassidy Brothers Concrete Ltd was briefly mentioned at Buncrana District Court this week.

Ms Donna Ferry of VP McMullin Solicitors, for Donegal County Council, told the court that she was seeking an adjournment in the matter, on consent with State Solicitor for Donegal, Mr Kieran Dillon.

Judge Éiteáin Cunningham adjourned the case until May 27, 2025.

The 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.

At a recent sitting of the same court, Cassidys confirmed that it will consent to an application to turn over its documents to the Council.

The local authority brought an application to access the records of the firm.  While there was previously an objection, Kerry-based solicitor Éamonn Dillon, who is representing Cassidys, said his client was now consenting to the records application on certain conditions.

“Myself and my colleague have had a discussion and we’re consenting to the matter, subject to the transfer being shared with both parties,” Mr Dillon said.

This week, Cassidy Brothers Concrete Products Ltd were not represented in court during the short mention.

A large volume of cases involving Donegal County Council, including the proceedings against Cassidys, are on hold with a Supreme Court decision pending on another matter that centres on the definition of person to include an unincorporated body of persons.