Judge dismisses prosecution against Limerick landowner who moved soil to improve drainage

A JUDGE has dismissed a criminal prosecution brought against a County Limerick landowner who, a court heard, carried out works to improve drainage on his lands.

Tom Sheedy of Mount Carmel, Ballingard, Ballyneety was before Limerick District Court arising from proceedings which were initiated by the local authority earlier this year.

The prosecution, under the Waste Management Act, centred on the laying of a large quantity of soil on lands at Moanroe, Dromkeen more than two years ago.

In evidence, Brian Moore who lives in a three-bed bungalow adjacent to the lands in Dromkeen said he and his wife observed "trucks coming in and out" of the 8.5-acre site over a three-week period in June 2023.

He said the trucks were "drawing and tipping" what he believed was "filling" but admitted he didn't take much notice at the time.

However, when he subsequently experienced flooding at his property "for the first time in 30 years" he contacted Mr Sheedy who "dug a relief dyke parallel to the road".

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Judge John King was told the flooding continued and that Mr Moore subsequently contacted Limerick City and County Council to see where he stood.

Being cross-examined by barrister Joseph McMahon, the witnesses agreed he did not know what material was transported in the trucks and that he had assumed the works were to improve the drainage on the land.

In his evidence, Dermot Lambe, executive engineer with the local authority, said he visited the site in Dromkeen in November 2023 after Mr Moore made contact with the local authority. He said the land was very wet and that "you would be leaving your shoes behind you".

He told solicitor Will Leahy he subsequently carried out a desktop survey using Google Maps and formed a view that a "substantial amount of work" had been carried out.

He said the soil which was transported onto the lands "was generated from another site" meaning it was classified as waste under European regulations. He estimated the amount of soil to be around 840 tonnes.

Following the completion of his investigations, Mr Lambe said a formal notice and direction was served on Mr Sheedy requiring him to remove soil from the site and to lower the depth by 200mm.

Being questioned by Mr McMahon, he admitted this was a "rough calculation" adding is was not possible to determine exactly how much material was deposited on the lands. 

The executive engineer said there is a risk of flooding in the area and that the local authority should have been contacted and a detailed assessment carried out before any works were carried out.

Instructed by solicitor Sarah Ryan, Mr McMahon put it to Mr Lambe that his client "didn't discard anything" and that the soil could not, therefore, be regarded as waste.

"I put it to you the soil was not discarded. It was deposited with the specific purpose of improving drainage."

Mr Lambe rejected this assertion stating: "The minute it left the site of origin, it was discarded and became waste. It needs to be taken to a licensed landfill facility."

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Having considered further submissions regarding the evidence and the legal definition of waste, Judge King said he had a number of concerns.

"We don't know what was added to the land," he said adding: "Nobody has told me where this material came from, I don't know who the original owner was."

In dismissing the charge, he stated: "I can't draw a conclusion that there was an intention to discard anything."