Companies under the control of developer Jim Mansfield have been ordered by the High Court to remove unauthorised developments at Weston aerodrome, Lucan, Co Dublin, and to pay the legal costs of proceedings brought by South Dublin County Council regarding those developments.
Weston was bought for some €13 million by Mr Mansfield in 2003. The High Court later upheld a claim by the county council that the bulk of the development work at the aerodrome was unauthorised, except for a waste water-treatment plant.
The council had claimed that an extension to an existing car park, an enlarged aircraft hangar, a new hangar, a new stores area, alternations to a bungalow which contained a new control tower and roof viewing gallery, a new water-treatment plant and a new storage tank, all required planning permission. Mr Mansfield had argued the work was exempted development.
Mr Justice Liam McKechnie held the development works except for the waste water treatment plant were unauthorised.
Yesterday, he gave Fallowvale Ltd and Weston Ltd three months from the date of his order to comply with certain orders. He ordered the removal of unauthorised hangars and directed the bungalow should not be used for any purpose other than residential, unless any other use was authorised by planning permission or was exempted development.
In relation to two car parks, it was agreed one car park would be for domestic use but the judge said that tarmacadam should be removed from the second and the area levelled with topsoil. The parties agreed to the erection of a security fence along a portion of the property boundaries.
The judge said there could be little doubt that no independent consideration was given to the planning situation before these works (on the car parks) were carried out. If it was, then the works continued with full knowledge of the risks that ultimately might have to be faced or alternatively seriously misunderstood the situation.
There was an obligation on the court to ensure as best it could that the planning laws were upheld. The judge could not see how he could uphold such laws in any reasonable way in this case unless he directed these unauthorised works be removed and the areas in question be restored to their prior position.