A couple have agreed to comply with an order to remove three timber cabins and other works on their lands that do not have planning permission after being warned they could be jailed for contempt.
After a lengthy application by Fingal County Council seeking their imprisonment, Judge John O’Connor of Dublin Circuit Court told Frank and Sylvia Gaynor to consider their situation over lunch.
When they returned, they said they would remove the unauthorised developments at their home at Drishoge Manor, Oldtown, north Co Dublin, within six months.
O’Connor said he was glad to see progress for the first time in the council’s case against the Gaynors, which dates back to 2020.
READ MORE
“That is what we wanted to see. No judge wants to send anyone to prison,” he said.
Late last month, the judge warned Frank Gaynor that if he did not devise a timeline for compliance when the case returned to court, he would be jailed, advising him to bring a toothbrush to court.
On Friday morning, the council sought the Gaynors’ imprisonment for alleged contempt of an order from April 2023 requiring them to remove three shed structures, a tarred driveway, parking area and a gateway, which were erected without planning permission.
O’Connor asked the Gaynors if they recognised the seriousness of their situation. In response, Frank Gaynor asked to bring a motion to “stop any press interference” in the case and for O’Connor to recuse himself due to an apprehension of bias. The judge said he was “not even slightly influenced by the media” and refused to recuse himself.
Gaynor said reports about the case have led to “absolutely detrimental abuse” of him on social and mainstream media.
The judge said he was there to deal with the Gaynors’ “blatant” breach of planning laws. “Mr Gaynor, you need to get into real life in relation to this ... you are not taking court orders seriously ... that is the reason you might be going to prison,” he said.
The couple erected the structures with the help of family and could “easily” remove them, he said. “I do not want to send anyone to prison ... but you need to give me a time frame [for removal],” he said, before adjourning for an hour to allow the couple to consider their position.
On returning, barrister Tim O’Sullivan, for the council, told the court he was seeking the couple’s imprisonment for contempt. He said inspectors for the local authority say the timber cabins were still up, with one used for gym equipment, another containing a couch and TV, and the third containing a washing machine and other items.
Frank Gaynor asked for an adjournment as he said he had just secured legal representation and wanted to appeal the court’s removal order to the High Court. Sylvia Gaynor told the judge they have not had the money to rectify the situation, while her daughter was in a wheelchair and would not be able to access the garden if the tarmac drive was lifted.
The judge said he was “sympathetic”, but there has been “no semblance of compliance with the court order”. He told her their home appears to be “magnificent” and it “does not come across that you have financial difficulties”.
After another break, the couple told the judge they would comply with the court’s order within six months.
O’Connor said he wanted to see some progress in dismantling the structures this month. He adjourned the case for two weeks, when the couple is to outline their plan for removal within six months.
