Hearing set for land ownership dispute over Letterkenny site approved for 260 homes

A court hearing will take place in April over a large plot of land in Letterkenny earmarked for the development of 260 residential units.

A dispute over the ownership of the 8.3-hectare site at Glencar Irish and Glencar Scotch will go before Monaghan Circuit Court.

It comes after developer PJ McDermott was granted permission for a large-scale housing development by Donegal County Council.

Previously, Mr McDermott successfully sought an interlocutory injunction restraining Mr Noel Devine - who claims adverse possession on the plot - from entering the site.

Mr McDermott’s barrister, Mr Peter Nolan BL, told Judge John Aylmer at Letterkenny Circuit Court that the matter is now “extremely urgent”.

Mr Nolan said: “Mr McDermott has acquired planning permission from Donegal County Council. This is a situation where planning permission has been granted for 260 residential units. This is an investment in residential units for around 1000 people. It’s a multi-million euro development that will employ over 200 people. 

“This matter is now extremely urgent. The work has to commence soon. We are anxious now for a hearing date to be fixed as it has now become very urgent.”

Mr Nolan told Judge Aylmer that the planning application wasn’t objected to by Mr Devine. 

Solicitor Mr Cormac McKeone has come on record for Mr Devine, who previously represented himself in court.

Mr McKeone said he would not be able to proceed next week as it was too short notice and said his client has a list of 10 witnesses.

Judge Aylmer said that it is obvious that the matter is “extremely urgent”. Mr McKeone said he would like to take statements and instruct counsel.

Judge Aylmer said he would hear the case at Monaghan Circuit Court in April.

Mr Nolan said the plan is for Mr McDermott’s development to begin within the next two months.

Donegal County Council recently approved plans for the development, which will include 140 two-bedroom apartments and 20 one-bedroom apartments, along with 60 three-bedroom houses, 26 two-bedroom houses and 14 four-bedroom houses.

The plans also provide for a purpose-built crèche to house 121 children, a local retail/commercial unit and a multi-use games area. 

Three written submissions objecting to the development were received by the council. These were made by Jim Kelly on behalf of the Old Glencar Road, Solomon’s Grove and Upper Fernhill Residents Associations; by Brian and Eileen McDaid of Old Glencar Road; and by James and Brid Harley of Glencar Irish

Images previously submitted to the court showing damage to the site

Further information was sought by the council in September and subsequently submitted by the applicant. Following review, a second planners’ report was issued in December, granting permission subject to 39 conditions.

In July 2024, at Buncrana Circuit Court, Judge Aylmer directed orders in favour of Mr McDermott, who sought an interlocutory injunction restraining Mr Devine from entering the site.

After a series of blockades were erected at the entrances to the site, Mr McDermott sought to have Mr Devine ordered not to trespass further on the ground.

During that hearing, Mr Nolan said that Mr Devine was making an “opportunistic” move in attempting to lay claim to the land by way of an adverse possession application.

Judge Aylmer granted orders: preventing Mr Devine from blocking the entrances to Mr McDermott's land; requiring the removal of all materials blocking the entrances to the land; and restraining Mr Devine, his servants or agents, from re-entering the land.

In an affidavit, Mr Devine said that he and his father have farmed the lands since 2004 and that his father received a Single Farm Payment for over 12 years. Asked by Judge Aylmer why he did not put Mr McDermott on notice of the adverse possession application, Mr Devine said he was advised to simply hang a notice on the gate.

At the time, Mr Gordon Curley, solicitor for Mr McDermott told Donegal Live: “My client was extremely happy with the outcome of the court proceedings as he has maintained that this was a ploy by Mr Devine to unduly enrich himself. He now intends to proceed with this much-needed development.”