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Plan to remove 29 homes without permission 'completely inadequate', court told
🇮🇪 Ireland /Crime & Justice

Plan to remove 29 homes without permission 'completely inadequate', court told

From Irish Times · () English

Translated from English, summarized and contextualized by DistantNews.

At a glance

News Named sources In the courts
  • South Dublin County Council argues a proposed plan to remove 29 modular homes built without planning permission is "completely inadequate."
  • The council's senior counsel stated the plan fails to meet court orders for removal within six weeks and lacks specific details on waste management.
  • The developer's counsel countered that a phased removal would minimize environmental damage, but the judge will hear further submissions on the remediation plan.

A proposed plan to remediate a site where 29 modular homes were built without planning permission near Brittas, Co. Dublin, has been deemed "completely inadequate" by South Dublin County Council. Senior counsel Stephen Dodd, representing the council, told the High Court that the plan doesn't even qualify as a remediation strategy.

It’s not even a remediation plan.

— Stephen DoddSenior counsel Stephen Dodd, for South Dublin County Council, described the proposed remediation plan to the High Court.

He argued that the plan fails to adhere to the court's previous order for the houses to be removed within six weeks. Furthermore, Dodd stated the plan offered only "generic principles" without addressing crucial aspects like waste removal, making it "so sketchy" that the council could not properly assess it.

just stated generic principles

— Stephen DoddSenior counsel Stephen Dodd, for South Dublin County Council, explained why the remediation plan was inadequate.

However, Michael O'Donnell, senior counsel for the developer Branach Developments Ltd and site owners Mullnassa Limited and Threshford Limited, rejected the council's characterization. He explained that a phased removal of one house per week over 29 weeks, while more costly for his clients, would result in less environmental damage. This approach involves systematic disassembly rather than bulldozing, demonstrating that his clients are not avoiding their obligations but acting "the very opposite."

so sketchy

— Stephen DoddSenior counsel Stephen Dodd, for South Dublin County Council, described the proposed remediation plan.

The judge, Richard Humphreys, indicated he would hear further arguments on the remediation plan before issuing orders. This follows his earlier judgment that rejected an appeal, confirming the 29 houses were built without permission and must be removed, with the site remediated. The judge had previously described the case as "particularly egregious" due to the disregard for planning law and "non-reality based" evidence presented by the developer, which he likened to rejecting the evidence of one's own eyes.

My clients are not trying to avoid their obligations, they are doing “the very opposite”.

— Michael O'DonnellSenior counsel Michael O'Donnell, representing the developer, asserted his clients' commitment to fulfilling their obligations.
DistantNews Editorial

Originally published by Irish Times in English. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.

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