Judge refuses to pause orders allowing for demolition of Meath house

High Court Reporter

Meath Co Council can continue with the demolition of a house built without planning permission, following a High Court ruling.

Judge Richard Humphreys, on Thursday, refused an application by a lawyer for the property owners to halt further demolition pending an application to Europe.

Chris and Rose Murray built the 588sq m (6,220sq ft) house at Faughan Hill, Bohermeen, Navan, in 2006 despite being refused planning permission by Meath County Council.

The couple mounted five unsuccessful retention bids and three failed appeals to keep the home intact.

On Monday, Meath County Council took possession of the home. The council first took legal action against the couple in 2007.

The Murrays’ attempts to save the house appeared to have failed last November when the Supreme Court declined to hear the case.

Solicitor Neil McNelis, representing the Murrays, on Thursday told Judge Richard Humphreys that the couple have made an application to the European Court of Human Rights, alleging violations of their human rights.

McNelis urged the judge to pause the order allowing for the house’s demolition pending the outcome of the European court process, arguing that it was not necessary for the demolition to continue at this point.

The court heard that the house was in the process of being demolished.

“The only issue now is the remaining house that’s standing, it's secured, it's boarded up, it’s no difficulty to anybody,” McNelis said.

McNelis submitted that the court and the council was obliged not to “hinder” or “undermine” the application to the European court.

He argued that the council, in obtaining court orders this month, was “determined” to “get the house down” before the matter comes before the European court.

McNelis also argued that his clients were not in contempt of court for breaching an undertaking to provide vacant possession of the house to the council.

“They’ve lost their house. They’re evicted… They’ve lost everything,” McNelis said.

Asked by the judge if he knew his clients’ current location, the solicitor said he understood them to be somewhere in the country, but could not put it further than that.

Responding for the council, barrister Deirdre Hughes said the couples’ application was unstateable. The council denied any wrongdoing in pursuing the proceedings, she added.

Hughes said that there was no evidence that the Murrays had made the application to the European court.

She said the house was currently being demolished. She asked the judge to continue to ensure that the court’s orders continue to be enforceable.

Judge Humphreys refused to pause orders for demolition, stating that enforcement of court orders does not interfere with the right of access to the European courts.

The case returns next week.