Court orders pensioner to remove development built 'in disregard of planning laws'
High Court reporters
A 75-year-old woman has been ordered by the High Court to remove walls, gates and foundations erected on her Co Cork land in “complete disregard of planning legislation”.
Cork County Council brought enforcement proceedings against Margaret Murphy Snr (75) and Margaret Murphy Jnr, believed to be her daughter, alleging the elder of the two became the owner of a site at Glasaboy South, Carrignavat, earlier this year.
It claimed no planning permission exists or was sought for the development occurring on the land, which is “clearly unauthorised”.
The council alleged the development includes a large boundary wall about two metres high, the removal of an earthen embankment, levelling and laying of rock across the site and the erection of gates.
On Monday, Mr Justice Richard Humphreys refused a request from lawyers for Ms Murphy Snr to adjourn the council’s application on various grounds, including to consider her position with the benefit of legal advice.
She was not present in court, but her counsel submitted a GP’s letter to the court that stated she has mobility issue and requires a crutch. She was also looking to apply for permission to retain the development, the lawyer said.
Mr Justice Humphreys said she was given enough notice of his earlier temporary orders preventing further works. He said her mobility issues should not prevent her from properly instructing her legal team or from engaging with the case against her, neither of which she has done.
The judge said he was satisfied, from the evidence before him, that the council met the preconditions that permitted him to make final orders under section 160 of the Planning and Development Act.
Development was carried out on the site in “complete disregard of planning legislation”, he said, adding that the “best possible thing” the mother and daughter can do now is comply.
He granted final orders sought by the Cork County Council through its barristers, Esmonde Keane SC and Peter McKenna, instructed by its solicitor, Patricia Murphy.
His orders restrain the mother, daughter, both with an address at Ardcullen, Hollyhill, Co Cork, and anyone else with notice of the order from constructing a boundary wall, dumping hardcore or concrete or the lands.
His orders also give Ms Murphy Snr four weeks, backdated to begin on April 23rd, to restore the site to its prior condition. This includes a requirement to remove the walls, gateway, entranceway and all hardcore materials. The orders also direct her to reseed the site.
The local authority alleged it received a complaint last January regarding unauthorised development allegedly occurring at the Glasaboy South site understood to belong to Ms Murphy Snr.
Senior council planner Thomas Watt said in an affidavit that the development has caused a “lot of upset” locally and the council considered it to be a “flagrant breach of the planning regime on a large scale”.
He said he visited the site in early March and spoke to one of three males present who stated he was building a block wall but did not own the lands.
A month later, he said, he drove by and observed that “significant development works” had been carried out, including concrete block work and the levelling out of groundwork.
The site is in the screening zone of a special area of conservation of mudflat and sandflats, while it is also about 100 metres from the Glashaboy River, which connects to the conservation area and the Cork Harbour Special Protection Area, he said.
The proximity to the river gives a concern about a potential impact on water quality, he said. The site was previously used for agricultural purposes and is in a zoning area that aims to protect agricultural infrastructure and productivity, Mr Watt said.
