Justice Richard Humphreys has this evening issued his decision in the case involving an unauthorised development at Chianti Park, Brittas, County Dublin.
He has ruled in favour of South Dublin County Council – who have issued an enforcement order against the development – and in favour of local resident John O’Neill; and against the site owners Mulnassa and Thresford which are owned by the McDermott family and Branach Developments which is owned by Paddy Byrne.
In so doing he has upheld the decision of the Circuit Court on December 19 last to order that the structures placed on the site without any planning application or permission be removed and the site – which is deemed to be one of natural beauty – be restored to its previous condition.
I understand that Byrne and the other parties have until next Wednesday to present their timeline and plans for the restoration works.
At the beginning of his decision Justice Humphreys refers to two photographs from the site and comments:
“Based on any objective and rational consideration of these images, any reasonable person would plainly see that they are different structures. Despite this, the Appellants adopt a different and, with respect, nonsensical approach in saying that they are, in essence, the same structure (the second being represented by the Appellants as maintenance/improvement/alteration of the first). This is not even so much as an application of the Ship of Theseus paradox, but more gaslighting on a monumental scale.” (SDCC submissions paras. 4 to 6).”
The rest of the decision is similarly damning for Byrne and the McDermotts with Justice Humphreys describing it as “a particularly egregious case of disregard of planning law. It is not made any better by the non-reality-based sworn evidence on behalf of the respondents that, like the Party’s final and most essential command in Orwell’s Nineteen Eighty-four (London, Secker & Warburg, 1949), pt. 1 §7, “told you to reject the evidence of your eyes.’”
I look forward to bringing you more from Justice Humphreys’ erudite and learned decision tomorrow.
For tonight, all that needs to be said is that the Good Guys won. Let us hope that the residents of the existing homes at Chianti Park and the local community can rest easier in their beds tonight.