Neighbour’s dispute over chimney ends up in court

A dispute between neighbours on a rural road in Co Meath over alleged emissions from a flue at one of their houses ended up in the civil court in Navan when one couple sued the other. Michael Gallagher (also known as Bob Gallagher) and Clara Gallagher of Old Road, Dunsany took the case against neighbours John Watters and Stephanie Horan under Section 28 (1) of the Air Pollution Act 1987. Solicitor John Kelleher said the Gallaghers had been raising issues for over four years over “this nuisance which interferes with their property”. He said there was an air quality assessment report before the court.

Judge McKiernan was also told that there was a large number of issues between the parties. They did not get on and their relationship was “fractious, they cannot live in harmony”. Numbers of issues had been raised including “fences, trespassing etc”. The flue was said to be in place since 2017.

It was stated that a gazebo in which the flue was located had been “an unauthorised development” but permission to retain it had been gained from the local authority in 2023. The judge also heard that for the last four years Mr Watters and Ms Horan had been applying for
planning permission to remove the gazebo and flue and build an extension on the side of the house for themselves and their two young children. It was claimed by their lawyer that the Gallaghers had made various submission and had “delayed” that planning permission.

In January this year, the couple had gained planning permission to remove the gazebo and flue. A commencement notice was expected from the council this week and work would begin on 1st June, if not earlier.

Lawyer Mr Osborne for the Gallaghers asked the judge to make an order for relief of the nuisance and award costs. Judge McKiernan declined and instead said she was going to put the case back to 11th July next, adding “these people are neighbours and I think it’s unfortunate that this has ended up in a court, highly unfortunate. Everybody has trouble sin their lives. Troubles with neighbours is
something you can do without.”