FIGHT FOR CAR PARK
‘ Squatters’ rights legal battle looms with Council
THE McGinley family who have lived at a County Council car park for over 30 years in the centre of Sligo are just days away from lodging a claim of adverse possession or squatter’s rights to all or part of the land, The Sligo Champion can reveal.
All discussions with the Council and the extended family over finding alternative accommodation have ended and relations have become particularly strained since last week’s action by the Council at the car park when a hired contractor, backed up by a force of 20 Gardaí ( above) removed a garden fence which had been erected around one of the caravans. A separate contractor re- painted a small number of car parking spaces also.
However, Ms Matilda McGinley told The Champion that all negotiations were now over with the Council following what she said was the heavy handed approach by the Council in removing the fencing and during which two children and their mother were injured.
The Sligo Champion understands that an adverse possession case is currently being taken on behalf of the family and one recent Circuit Court judgement from Dublin where a householder was granted ownership of Council land which was previously used for allotments could be used as a precedent.
In that case possession was successfully asserted after 12 years and the local authority was viewed as being in a different category than other arms of the State.
RELATIONS between a family who have been living in a city centre car park for the past 34 years and Sligo County Council appear to be as fractious as ever with court action likely to decide the future of where the families will live.
The Sligo Champion understands that the extended McGinley family is preparing a case with a view to claiming ownership over a portion of the Connaughton Road car park where six families have been living.
News of the legal action comes as the family turned down three possible sites for re- homing, all in industrial or commercial areas on the outskirts of Sligo, The Sligo Champion can reveal. The family say the sites are unsuitable.
However, it would appear that relations between the Council and the family are now at an all time low following last Tuesday morning’s action by the local authority.
The Sligo Champion understands that affidavits backing up their claims to the car park, primarily based on the law surrounding adverse possession have been drawn up with maps and an engineer’s report also having been prepared with a view to imminent legal action.
The latest twist in the long running saga follows an incident at the car park last Tuesday morning when a contractor working on behalf of the council entered, backed up by a force of 20 Gardaí to remove timber garden fencing which had been erected around one of the caravans. It’s believed the fencing has been in place for around four months.
A contractor was also on hand to paint lines for parking spaces in the car park and some 13 spaces were done eventually after a short stand- off.
Tensions were running high for a few minutes as four workers carrying saws, crow bars and chain saws went to work on removing the fencing and timber posts at around 10am.
Some members of the McGinley family remained behind the fence as the work began but moved away quickly enough and the entire fencing was brought away by the workmen on to a trailer towed by a jeep.
One man was arrested under the Public Order Act while three people were taken to hospital, two juveniles, aged 14 and 16, by ambulance and their mother for minor injuries sustained during the short scuffle with Gardaí as the workmen attempted to pull down the fencing.
The workmen returned a short time later with barriers which were then erected around parking spaces before lines were painted by a different contractor.
Just 13 spaces were re- painted before the contractor left. One car was left in one of the spaces and the lines could not be repainted in this spot.
At one point it appeared as though work would start on the erection of a new entrance barrier to the car park but a pickup van with a steel barrier left soon after it arrived and was not put in place.
The family’s solicitor Morgan Coleman arrived on the scene and told The Sligo Champion that the fencing had been erected to afford privacy to one of the families.
“It’s the family home for the past 34 years. Three days after this father was born 200 yards away in Sligo University Hospital he was brought home here.
“He is now married and his own family live in a caravan here. This caravan is his family home and I would have thought therefore that special protections applied.
“He put up the fencing to try to enjoy private family life but it seems the council has taken issue with it,” he said.
It’s believed the council wrote seeking to have the fencing removed stating it would do so themselves if it wasn’t.
Mr Coleman said the car park had never been abused by the families. There was no through road at the car park and the family was devastated by the actions of the council regarding the fencing.
There’s speculation that the Council is attempting to negate any possible adverse possession claim by trying to re- establish the area as a car park.
The family were shown three sites two weeks ago by the Council. These were at the Bundoran Road near a service station, at Finisklin industrial estate and close to Cleveragh retail park.
“They were all green field sites and the families have expressed a preference for housing.
The three sites have been described as wholly inappropriate by the family. The council, it is understood, want the McGinley family to select a site first before talks begin on what kind of accommodation they are seeking.
In a short statement issued on Tuesday evening, a council spokesman stated that the removal of the fencing and the replacement of the height control bar at Connaughton Road “have been the subject of discussion with the McGinley family.”
At a council meeting on June 9th, in reply to a motion from Cllr Chris MacManus, a spokesperson said: “A number of weeks ago vehicular access to Sligo County Council’s car park at Connaughton Road was impacted for an extended period by the erection of a variety of impediments including rope, wooden pallets, gas tanks and mattresses.
“At an early point Council staff requested of the occupants of the car park the removal of all such obstructions at the entrance but this was refused. The council subsequently removed obstructions on a number of occasions but within a very short space of time they were reinstated.
“Separately, discussions were taking place between SCC housing staff, legal representatives of the Council and occupants of the car park and their legal representatives with regard to housing matters.
“In the course of these discussions it was verbally communicated and subsequently in writing to the legal representatives of the car park occupants that the Council required the obstructions placed on access to the car park to be removed and not reinstated. Since May 26th there has been no restriction to public access to the car park.
“The Council’s Housing Section is committed to working with the family group towards the provision of suitable long- term accommodation which would accord with their needs. Presently, there are three undeveloped sites within Sligo City that are zoned for Residential Development under the Sligo & Environs Development Plan, to which a specific objective for Traveller Accommodation is attached.
“It is considered that the development of accommodation on one of these three sites is potentially the most deliverable solution.”