This morning the Circuit Court ordered the closure of the unauthorised site at Chianti Park, Brittas, for which South Dublin County Council had issued an enforcement order in October. The developer must also remove all construction.
Judge John O’Connor found in favour of the Council and Brittas resident John O’Neill. He effectively rejected the argument put by Michael O’Donnell SC on behalf of owners Mullnassa and developer Branach Developments.
O’Donnell had argued that the work on site was entitled to an exemption under Section 4(1)(h) of the 2000 Planning and Development Act. They claimed that the work constituted renovation and upgrading of existing dwellings.
SDCC Counsel Stephen Dodd had made detailed submissions including evidence from a Council inspector and site photographs showing that the work was completely new development which had no planning permission.
When Michael O’Donnell sought a stay this was opposed by Dodd, and Conor Sheehan SC for O’Neill. Dodd argued that there was no reason why the removal ought not begin immediately.
Dodd pointed out that they are already on site and need only begin to reverse the unauthorised work already in place. He said that there was “no basis for a stay “ and that such a stay would “entirely undermine the basis of the Planning system. “
Judge O’Connor did not grant a stay. I spoke to a Brittas resident after the court decision and she was delighted and relieved at the decision.
Councillor Linda de Courcy who, along with Councillor Paddy Honohan, backed the residents from the beginning, expressed her happiness with the Court ruling.