AN order for the demolition of two homes built without planning permission was made at Tuam District Court this week.
An appeal was made for a stay on the order as Judge James Faughnan was told that there is currently a family living in one of the prefabricated homes and an individual in the other.
Galway Co Council took the case against Catherine Leonard, Knockdoe, Claregalway, to demolish the homes and return the site in the townland of Cahernahoon, Cummer, to an agricultural green field condition.
Leonard pleaded guilty through her solicitor to the charge of unauthorised construction of the dwellings and ancillary services.
The order specified that not only should the dwellings be demolished but a waste treatment plant, footpaths, a hardstand area, all pipework, a grey container and a new roadway had to be removed and the site covered with topsoil and reseeded with grass. The width of an existing roadway has to be reduced to three metres or less.
The prosecution was taken under the Planning Development Act. The maximum fine under the act is €5,000 and the Co Council asked for €2,587.30 in costs.
The defence pleaded that the dwellings had been constructed to accommodate workers and pointed out that the property was no longer owned by Catherine Leonard, but by some of her family. In addition, some time to carry out the demolition was requested as the homes were occupied by a family and an individual.
Judge Faughnan noted that a lot of money had been spent on the project. He imposed a fine of €2,000 and costs of €2,587.30.
“We’ve seen in Co Meath how these costs can get very big,” he said in conclusion.
He was referring to costs of more than €683,000 sought by Meath Co Council, in their action to have a dormer bungalow at Faughan Hill built without planning permission by the Murray family, demolished. The council is also seeking the costs of demolishing the dwelling after a 20-year legal battle.
