The owner of a seaside north Dublin home has been directed to demolish the extension he built without planning permission within eight months.
Judge John O’Connor also told Phillip Farrelly he would have a further six months to restore the land with topsoil and grass seed or other material acceptable to Fingal County Council.
The local authority had successfully asked the Circuit Civil Court to order the demolition of single- and two-storey extensions, including a sunroom, that Farrelly had built around his beachfront period home at 10 Burrow Road.
Oisín Collins SC, who appeared for Farrelly, advanced a plan which, he said, while meeting the council’s demands, would require only partial selective demolition without draconian measures that would put his client’s home in jeopardy.
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The plan, drawn up by a planning consultant, had been earlier forwarded to and rejected by Fingal on the basis it would require planning permission which the council refused to agree outside the regulatory planning process.
Fingal had looked for demolition of the unapproved development within four months, which the judge doubled with an added six months for restoration of the grounds.
Barrister Tim O’Sullivan, who appeared with William Murray, council chief clerk, told the judge the proposed demolition plan was unacceptable to the council in that it would require planning permission that Fingal was unable to approve.
The judge had earlier made a declaration stating the structures surrounding Farrelly’s home were an unauthorised development that would require demolition and restoration.
Farrelly, who had sought to agree a retention plan with the local authority, has appealed the judge’s ruling to the High Court.
The judge today granted the council its legal costs against Farrelly.
