High Court orders demolition of Meath family home

THE HIGH Court has ordered the demolition within two years of a two-storey home of a couple and their three children in Co Meath built by them after Meath County Council refused planning permission for a house half its size.

Michael and Rose Murray, who have lived in the house at Faughan Hill, Bohermeen, near Navan, since December 2006 had “brought this on themselves”, Mr Justice John Edwards said.

With “very great regret” he agreed with the council that the unauthorised development was not a “minor infraction” but “a flagrant breach of the planning laws”.

“They have sought to drive a coach and four through the planning laws, and that cannot be permitted no matter how frustrated they may have felt on account of earlier refusals,” said Mr Justice Edwards.

While demolition would impose a great hardship especially as Mr Murray was now a victim of the general downturn in the building industry, the law “must be upheld”.

It was “simply preposterous” for the couple to argue the house was a farm when it was “a very large and imposing stone-clad two-storey dwelling house with a curved drive leading up to it and extensive lawns in front of it”.

On humanitarian grounds, and “in light of the particularly hard economic times we live in”, the judge said he would place a two-year stay on the demolition order.

Rose Murray said after they were refused permission for several sites she felt there was no prospect they would ever get permission. It was “in desperation” that they decided to build the house, and their only motive was to secure a safe place in which to bring up children. Her husband, who was involved in the building trade, was not working full-time. His main source of work now was in the plumbing and heating trade in the UK, where he worked three days weekly. If ordered to demolish the house they would have to consider leaving for the UK.

The family was very involved in the local community, and the effect of demolition and moving on would be “devastating”. She said demolition was “totally disproportionate”, this was not a commercial development and was not causing any irreparable damage.

In June 2006, the council had refused Mr Murray permission for a house on the land on grounds including allowing a further house on the land would result in an excessive density of development in an unserviced rural area.

In February 2007, following a complaint, the council became aware a large house of 588sq m had been built on the land and the Murrays were living there. The house was about twice the size of the dwelling for which the council had refused permission.

In March 2007, the council wrote to Mr Murray stating the house had no planning permission and should be immediately demolished. On March 12th, Mr Murray applied for permission to retain an unauthorised development.

In May 2007, the council refused retention permission on grounds it would result in excessive density of development and excessive concentration of wastewater treatment systems in an unserviced rural area, seriously injure the visual amenities of the area and militate against preservation of the rural environment.

Mr Murray appealed to An Bord Pleanála, which on June 5th, 2009, dismissed the appeal and upheld the council’s view of the development. In opposing the application for demolition, Mr Murray said he had married on August 14th, 1999, and was a native of the area. He and his wife were very involved in the local community. They had previously applied for planning permission on a site about two miles away, at Ongenstown, but were refused. A two-storey house was now being built on that same site.

He became aware a neighbour was selling 23 acres beside his mother’s house and thought that site would be ideal. He had not conceived there would be a problem with planning permission.