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 Post subject: Judge orders demolition of unauthorised home - IT
PostPosted: Fri Apr 17, 2015 1:02 pm 
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Real Estate Developer

Joined: Dec 5, 2007
Posts: 929
Quote:
An order for demolition of the wooden chalet home of a young family in Blessington, Co Wicklow built in “gross” breach of planning laws has been granted by the High Court.

In an important judgment endorsing strict enforcement of such laws, president of the High Court Mr Justice Nicholas Kearns made the order in a judgment strongly disagreeing with another High Court judge who, in a 2013 judgment, refused to order demolition of a different wooden chalet home near Lough Dan, Co Wicklow.

The order made on Friday permits demolition of the home at Tinode, Blessington, on the busy N81 road between Tallaght and Blessington, of Gary Kinsella, his partner and their young child, at a date time to be agreed between the sides.

If they cannot agree, the judge will fix a date for demolition when the case returns to him next week.

In his decision, Mr Justice Kearns said planning control is “an essential environmental necessity in a properly ordered society” without which there would be nothing to stop “a free for all development culture from running riot”....


http://www.irishtimes.com/news/crime-an ... -1.2179552


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 Post subject: Re: Judge orders demolition of unauthorised home - IT
PostPosted: Fri Apr 17, 2015 2:09 pm 
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Property Magnate

Joined: Dec 3, 2008
Posts: 553
jacobmarley wrote:
Quote:
An order for demolition of the wooden chalet home of a young family in Blessington, Co Wicklow built in “gross” breach of planning laws has been granted by the High Court.

In an important judgment endorsing strict enforcement of such laws, president of the High Court Mr Justice Nicholas Kearns made the order in a judgment strongly disagreeing with another High Court judge who, in a 2013 judgment, refused to order demolition of a different wooden chalet home near Lough Dan, Co Wicklow.

The order made on Friday permits demolition of the home at Tinode, Blessington, on the busy N81 road between Tallaght and Blessington, of Gary Kinsella, his partner and their young child, at a date time to be agreed between the sides.

If they cannot agree, the judge will fix a date for demolition when the case returns to him next week.

In his decision, Mr Justice Kearns said planning control is “an essential environmental necessity in a properly ordered society” without which there would be nothing to stop “a free for all development culture from running riot”....


Proper order. I hope the new "Land League" don't get involved in this.

http://www.irishtimes.com/news/crime-an ... -1.2179552


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 Post subject: Re: Judge orders demolition of unauthorised home - IT
PostPosted: Fri Apr 17, 2015 2:35 pm 
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Too Big to Fail
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jacobmarley wrote:
Quote:
An order for demolition of the wooden chalet home of a young family in Blessington, Co Wicklow built in “gross” breach of planning laws has been granted by the High Court.

In an important judgment endorsing strict enforcement of such laws, president of the High Court Mr Justice Nicholas Kearns made the order in a judgment strongly disagreeing with another High Court judge who, in a 2013 judgment, refused to order demolition of a different wooden chalet home near Lough Dan, Co Wicklow.

The order made on Friday permits demolition of the home at Tinode, Blessington, on the busy N81 road between Tallaght and Blessington, of Gary Kinsella, his partner and their young child, at a date time to be agreed between the sides.

If they cannot agree, the judge will fix a date for demolition when the case returns to him next week.

In his decision, Mr Justice Kearns said planning control is “an essential environmental necessity in a properly ordered society” without which there would be nothing to stop “a free for all development culture from running riot”....


http://www.irishtimes.com/news/crime-an ... -1.2179552


The paper of record puts 'Tinode' on the main street near Centra, about 2 miles away from Tinode.....I must send the IT a link to streetview

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 Post subject: Re: Judge orders demolition of unauthorised home - IT
PostPosted: Fri Apr 17, 2015 2:49 pm 
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Ireland In Planning Law Enforcement Shocker!

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 Post subject: Re: Judge orders demolition of unauthorised home - IT
PostPosted: Fri Apr 17, 2015 3:39 pm 
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Planning Tribunal Attendee
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Joined: Jul 4, 2012
Posts: 1363
You missed the interesting slap down of Justice Hogan and his previous decision

Quote:
Mr Justice Kearns said he had difficulties with the June 2013 decision of Mr Justice Gerard Hogan in the case of Wicklow County Council v Fortune, which the council argued rendered “ineffective” the enforcement procedures, including demolition, of Section 160 of the Planning and Development Act 2000.
His difficulties included that Mr Justice Hogan appeared to have reviewed the planning assessment of the Council, the statutory planning authority, when various legal decisions said such a review was not within the courts’ remit and the Oireachtas had enacted that decisions on the issue of permissions are made by statutory specialist bodies and not by the courts.
Mr Justice Hogan’s decision also went against case law holding that a person’s conduct is one of the most compelling factors to be taken into account when a court is exercising discretion.
The council expressed serious concern about the “far reaching consequences” of the Fortune decision where Mr Justice Hogan refused to order demolition of an unauthorised wooden chalet home built by Katie Fortune in a scenic area near Lough Dan.
Mr Justice Hogan refused demolition on grounds including protection of property rights and inviolability of a dwelling under Article 40.5 of the Constitution.
He found that while the chalet was not built bona fide, the council had failed to show the retention of the dwelling was manifestly at odds with important public policy objectives.
In his judgment, Mr Justice Kearns said the council believed the Fortune case created “carte blanche” for individuals to build family homes where and how they wanted with “perceived immunity” from demolition due to the constitutional protection of the home.
The council was also particularly concerned the Fortune decision was made on a Circuit Court appeal which cannot be further appealed, he said.

Without wishing to offend Mr Justice Hogan, “perhaps the outstanding constitutional legal expert of this generation”, Mr Justice Kearns said he believed a Circuit Court appeal, because it cannot be appealed further, is not an appropriate forum to lay down “novel legal principles” which may have far-reaching effect and consequences such as in the Fortune case.

It was also “beyond the court’s comprehension” how some “free-standing” application of Article 40.5 could be applied to reward the Kinsellas or Ms Fortune when both developments were not bona fide, particularly having regard to the “huge public and community interest in protecting the environment and the integrity and efficacy of planning law enforcement”.

The council raised its concerns about the implications of the Fortune decision in proceedings brought against siblings Gregory and Gillian Kinsella over the construction by Mr Kinsella of a wooden chalet dwelling without planning permission on lands bought by the siblings in 2003 which front onto the busy N81 road.


http://www.irishtimes.com/news/crime-an ... -1.2179552

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 Post subject: Re: Judge orders demolition of unauthorised home - IT
PostPosted: Fri Apr 17, 2015 5:41 pm 
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Property Magnate

Joined: Sep 30, 2008
Posts: 508
Location: The West Indies
http://www.courts.ie/Judgments.nsf/0985 ... enDocument

He has another delicious swing at the ECHR further on down in his judgment.

"The adverse consequences for a person who develops land without planning permission knowing full well that planning permission is required could hardly be more clearly stated than in Chapman [Chapman v. United Kingdom (2001) 33 E.H.R.R. 18, 399], and this by a court liberally disposed to upholding individual rights at every turn."


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 Post subject: Re: Judge orders demolition of unauthorised home - IT
PostPosted: Thu Apr 26, 2018 10:52 am 
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Too Big to Fail

Joined: Aug 8, 2008
Posts: 3468
Location: Cathair na dTreabh
Councils continue to turn a blind eye to unauthorised development and Councillors have to point it out.
Zero oversight on Councils in this country

DCC Councillor Paul Hand put forward a motion to condemn “the illegal development” of these houses, “and the site owner’s continued and flagrant disregard for the planning process”.
https://www.dublininquirer.com/2018/04/ ... struction/


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