Woman claims order to remove solar panels forced her to burn fossil fuels

A woman has told a court she is being forced to burn fossil fuels in her home because a local authority ordered her to remove solar energy panels from her roof as they allegedly breached planning regulations.

Asia Pasinska appeared at Limerick District Court on Friday on foot of a summons issued by Limerick City and County Council. She is charged with failing to comply with the terms of an enforcement notice issued on March 9th last.

Ms Pasinska, of Gouldavoher, Raheen, is contesting the proceedings and defended herself in court. She claims that at all times she fully co-operated with the council on the matter.

Ms Pasinska erected 21 solar panels on her roof in May of last year which provided electricity to heat the house. The panels covered the majority of the roof.

She said she was not initially aware that she needed permission for the panels and appealed the council’s refusal to An Bord Pleanála.

The court heard there is a planning exemption for erecting solar panels on up to 50 per cent of a roof on a domestic dwelling. However, the panels on Ms Pasinska’s home covered the majority of the roof.

Planning department

Ms Pasinska claimed she was informed by a member of the council’s planning department that if she removed enough panels to bring the development in line with regulations, the council would agree to “hold off on the prosecution”.

She produced documents which she claimed showed she co-operated fully with the council on this, and that she removed 14 of the 21 panels.

Ms Pasinska claimed the council’s decision to prosecute her was “in contradiction” with Ireland’s policy on climate change. She said she was now burning fossil fuels in order to heat her home as a result of removing the panels.

“Limerick council is supposed to be promoting green energy. It has got €6.5 million from the EU to support this. Yet [it] is giving a decision against me,” she told the court. “Up to this summer I’ve been able to heat my home with zero waste. I have [now] spent €3,500 on a boiler to burn gas... I was [a] zero waste house, now I am not.”

Ms Pasinska argued she was not liable for a bill of €900 that the council says it is owed for the cost of inspecting her house and for issuing an enforcement notice letter. She claimed she had documentation showing the council agreed to waive €400 of the total.

Warning letter

“I feel I didn’t act without permission as I wasn’t told I needed a permit to put up the panels on my roof,” she told the court. “When I received a warning letter I acted on it straight away.”

William Leahy, solicitor for the council, told the court “the subject matter of the enforcement order had been resolved but [Ms Pasinska] wants to contest the case”. He added: “It should take about five minutes.”

However, Judge Marian O’Leary interrupted after 20 minutes of hearing evidence and said: “There’s more to this … it requires a full hearing.”

The matter was adjourned to Kilmallock District Court on October 13th.