He once fell out with a neighbour over plans to widen his driveway. Now Van Morrison and his wife Michelle are suing Dun Laoghaire-Rathdown council for failing to protect their privacy from alleged intrusion by a neighbour’s redeveloped house.

Michelle Morrison, née Rocca, lodged a High Court action last Wednesday seeking a judicial review of the council’s decision not to act on a series of complaints made about Mount Alverno, a house built by Desmond and Mary Kavanagh on Nerano Road in Dalkey. The property, designed by de Blacam & Meagher, was “inspired” by film director Jim Sheridan’s modernist house on Coliemore Road, known as Martha’s Vineyard.

The house is one of five in a hilltop enclave overlooking Dalkey Sound. Other neighbours include Eddie Irvine, the former Formula One driver, and Alphonsus O’Mara, a businessman who took Morrison to court over the musician’s plans to widen his driveway.

The Morrisons claim that the Kavanaghs’ home is causing a “serious invasion of privacy” and has a number of “unauthorised amendments” made after the council granted planning permission. The Morrisons said there were “significant levels of overlooking” from the Kavanaghs’ home. They also said that a wall between the properties was only 1.3 metres high, while permission was granted for a 2 metre structure. The Kavanaghs are also alleged to have installed more windows than given planning permission.

After a council enforcement order last month, the Kavanaghs applied for “retention permission” for alterations made without consent.

The Morrisons say their loss of privacy is “exacerbated” by the developer’s refusal to plant enough trees to screen their home, Kilross House, from their neighbours. They submitted an affidavit from Joseph McConville, a tree surgeon, who has created a scheme for the Kavanaghs to follow. The plan specifies which species the Kavanaghs should plant, and even their girth.

The Morrisons’ submission claims the Kavanaghs have shown “disregard” for the special designation attributed to Kilross House. They add their house suffers “serious light pollution” at night from bulbs fitted to an exterior canopy.

Dalkey community council (DCC) and several neighbours have joined the Morrisons in complaining about the Mount Alverno development. DCC said the house exceeded its permitted height by more than 50cm and, if it got retention permission, it “would make a mockery of the present planning process”. O’Mara has complained that the house overlooks his swimming pool.

Neither the Morrisons or the Kavanaghs would comment this weekend. The application for the judicial review is up for mention on November 23.

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