A builder and a site owner, held to be responsible for an unauthorised residential development at Brittas, Co Dublin, have been directed to tear down all illegally built houses and re-landscape the area to its original condition.
In the Circuit Civil Court on Friday, Judge John O’Connor threw out claims by the developers that the works constituted refurbishment of existing properties and said he considered them to be “entirely new” structures.
“Even on their own evidence they have demolished the existing structures and taken them down to a concrete base,” he said in a reserved judgment.
Judge O’Connor was referring to the building of 29 modular homes which, it had been alleged, appeared to be phase one of an intended development of 71 residential units at Chianti Park and an adjoining site.
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South Dublin County Council and a local resident, John O’Neill, who lives only 200m from the developments, had claimed it was unauthorised and that all units should be removed with the sites restored.
Their applications had been opposed by Branach Developments Ltd, the developer, with a registered address at Thomastown, Caragh, Kildare, and the site owners, Mullnassa Limited and Threshford Limited, both with registered addresses at Rock Road, Blackrock, Dublin.
Judge O’Connor had initially intended to deliver his judgment next February. However, he brought it forward when a solicitor from Burns Kelly Corrigan, for Mr O’Neill, went into court this week with photographs of continuing development work going on in an alleged breach of an undertaking not to progress building works.
About 29 homes had been constructed to date on the site, formerly used for mobile homes and chalets, with foundations laid for at least 12 more.
Judge O’Connor said on Friday he did not agree with the developers and site owners’ view that the works were refurbishments and, while they were residential, it was clearly an intensification of the use of the site.
He said the developments consisted entirely of new structures.
“It is, in fact, a very serious redevelopment and transformation of the site without planning permission,” he said. Photographs alone were sufficient evidence of the transformation of the site to a new development.
He said the prior structures may have been dilapidated but that did not mean the work could go ahead without planning permission before the development commenced.
He said it was of significant concern to the court that, notwithstanding the local authority having acted promptly in respect of the development, that once the proceedings had been initiated, the respondents in contrast had not only continued their development works but had intensified their building. It must have been abundantly clear to them that they had been taking a very significant risk, he said.
Mr Michael O’Donnell SC, counsel for the developer and site owner, told Ms Justice Emily Farrell in the High Court on Friday afternoon that Judge O’Connor’s decision was being appealed.
She granted a stay on Judge O’Connor’s directions until 6pm on Monday to facilitate the fitting of a membrane to weather proof stocks of plaster board on the site.
