Court settlement paves way for major Letterkenny housing project

The development of 260 residential units in Letterkenny can proceed after a dispute over the ownership of an 8.3-hectare site was settled.

A hearing on the issue of the land was due to be heard at Monaghan Circuit Court this week.

However, a brief sitting of the Circuit Court at Letterkenny courthouse was informed that Mr Noel Devine has vacated an adverse possession claim to the site at Glencar Irish and Glencar Scotch - meaning that construction can begin.

Developer PJ McDermott can now proceed with the large-scale development, which has been granted planning permission by Donegal County Council.

The development 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. 

The terms of settlement were made a rule of court by Judge John Aylmer, who said that there were to be no orders to costs and any previous costs orders could be set aside.

Mr Alexander Smyth BL, instructed by solicitor Mr Cormac McKeone, acted on behalf of Mr Devine, who previously represented himself in court. 

Mr Smyth said that the terms of the settlement were “understood”. He said that the order, which included an instruction that all objects were to be removed from the land and that Mr Devine vacate the land, was “moot” as items were already removed. 

Mr McDermott’s barrister, Mr Peter Nolan BL, instructed by solicitor Mr Gordon Curley, said that the issue related to three folios of land, on which planning permission had been granted.

Mr Nolan said that Mr Devine did not object at any time to the planning permission or the appearance of persons on the land for carrying out surveys until he filed a defence and counter claim, claiming that he adversely possessed the lands over a period of time.

In February, Mr Nolan had told Judge Aylmer that the matter was “extremely urgent” given that Mr McDermott planned to start the works on the site within a couple of months.

Three written submissions objecting to the development were received by the Council during the planning process. 

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

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 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.