Family left homeless after timber cabin home dismantled in planning dispute, court told

Tom Tuite

A father of two has told a court his family has been "through an absolute mill" and left homeless after being forced to tear down their timber cabin built on family land in south Co Dublin.

Brendan McDonagh, 44, of Glenaraneen, in Brittas, Co Dublin, had been ordered to demolish a two-bed cabin he erected in 2017 because it breached planning rules.

During a protracted legal battle, he had fought for permission from the local authority to retain the structure ever since, but South Dublin County Council held it did not adhere to regional guidelines.

It led to the council prosecuting the welder and him risking jail, with the case being heard over several dates at Dublin District Court since 2019.

The proceedings resumed on Tuesday when solicitor Michael Quinlan, for the council, said on the previous court date in November, "Mr McDonagh had been given one last opportunity to comply with the court's order in relation to the removal of the structure in south Dublin."

The building was described as a chalet-type property, and Mr Quinlan confirmed that it was dismantled and removed over the weekend.

Judge Anthony Halpin enquired if costs were outstanding.

The court heard the original order in 2019 was for costs of €2,000 and a €500 fine with a year to pay. Since then, significant fees have been incurred, bringing it to €5,106.

Asked what he had to say about the costs, Mr McDonagh addressed the judge.

Supported in court by his wife, Ewelina, he stood forward and said, "Judge, I took your advice on board the last time I was here. We couldn't submit anything to the High Court through the Christmas and could not get the new legal team on board fast enough."

"As for costs, we don't have a home. We also don't have anything from the council. My family has been through an absolute mill and still is going through it."

"We don't have a home, we have nothing, and we don't have money. I have had to give up my full-time job as a welder, that I have been doing for 30 years, to become nothing to have something, to try and get something from the council. And every property we try and view as a family, somebody beats us to it. The queues are just out the door trying to get the properties in the area that we have to go to because the kids are in the local school," he said.

The court heard the married couple's children were aged nearly six and nine.

Judge Halpin noted from the council's solicitor that compliance was the key aspect.

He slashed the costs to €2,000 and gave Mr McDonagh 12 months to pay.

He also told Mr McDonagh, "In the event you have difficulties, come back to court here, and I will certainly listen to you and try to make another arrangement.”

“I do appreciate that you did comply with the court order; it shows the responsibility you have taken on board and the respect you have for the rule of law,” he added. The case will be listed again for mention next January.