A HONG Kong-based businessman has been ordered to stop demolition works at the 17th century listed Georgian house that inspired the paintings of a leading artist.
Local residents in Thomastown, Co Kilkenny, were dumbfounded when they noticed that part of the back of the stunning Kilmurry House had been knocked down. It is the home where celebrated Irish artist Mildred Anne Butler, who was born in 1858 and died in 1941, lived for most of her life.
The property dates to 1690 when a Colonel Bushe built a seat on lands granted to him under the Cromwellian settlement. In the late 1800s the estate was bought by Ms Butler's father, Major Henry Butler of the renowned Anglo-Irish Butlers of Ormonde dynasty of Kilkenny Castle.
Read the article @ The Irish Independent
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Showing posts with label enforcement action. Show all posts
Showing posts with label enforcement action. Show all posts
Friday, 9 December 2011
Thursday, 24 April 2008
Developer ordered to halt building
PROPERTY DEVELOPER Harry Crosbie has been ordered to cease coastal protection works being carried out near his holiday home in Co Wexford because he does not have planning permission.
An enforcement notice issued yesterday by Wexford County Council ordered Mr Crosbie to cease all unauthorised coastal defence works within two days.
The council said the works do not have the necessary planning permission and that the site is located within a Special Area of Conservation, meaning any developments would also require an environmental impact assessment and approval from the Department of the Environment.
The enforcement notice also stipulated that all unauthorised defence measures in place must be removed within two weeks.
The site will be inspected in two weeks and if the enforcement notice has not been complied with during the timeframe, the council would be entitled to instigate legal proceedings.
Some 40 per cent of the Co Wexford coastline is under threat from erosion and the coastline in the surrounding area has been eroded inwards by some 100m in the last 30 years.
Mr Crosbie, a successful entrepreneur, has a large property portfolio in the docklands area of Dublin.
Last year he sought planning permission to install coastal erosion control measures surrounding a site at Kilpatrick, some 10km north of Courtown, on the Wexford-Wicklow border. His application was refused by the council in March.
Despite this, work involving a crane and other vehicles started in the vicinity of Mr Crosbie's house last Monday, and following a number of complaints from locals, who were concerned the works would involve the destruction of a habitat for sandmartins, the council sent an engineer to evaluate the situation on Tuesday.
Eamonn Hore, director of planning with the council, confirmed the works had ceased following the issue of the enforcement notice.
He said the location of Mr Crosbie's house was not as vulnerable to erosion as many of the houses along the same stretch of coast and that the installation of protection measures could have had knock-on effects for neighbouring houses.
"We don't want to stop anybody from protecting their home but Mr Crosbie must carry out the required environmental assessment to show the work will not damage the Special Area of Conservation or cause further problems along the coast," he said.
Mr Hore added that a detailed assessment of erosion in the area is being conducted by Wexford County Council and that the results will be made available upon its completion.
The Irish Times
www.buckplanning.ie
An enforcement notice issued yesterday by Wexford County Council ordered Mr Crosbie to cease all unauthorised coastal defence works within two days.
The council said the works do not have the necessary planning permission and that the site is located within a Special Area of Conservation, meaning any developments would also require an environmental impact assessment and approval from the Department of the Environment.
The enforcement notice also stipulated that all unauthorised defence measures in place must be removed within two weeks.
The site will be inspected in two weeks and if the enforcement notice has not been complied with during the timeframe, the council would be entitled to instigate legal proceedings.
Some 40 per cent of the Co Wexford coastline is under threat from erosion and the coastline in the surrounding area has been eroded inwards by some 100m in the last 30 years.
Mr Crosbie, a successful entrepreneur, has a large property portfolio in the docklands area of Dublin.
Last year he sought planning permission to install coastal erosion control measures surrounding a site at Kilpatrick, some 10km north of Courtown, on the Wexford-Wicklow border. His application was refused by the council in March.
Despite this, work involving a crane and other vehicles started in the vicinity of Mr Crosbie's house last Monday, and following a number of complaints from locals, who were concerned the works would involve the destruction of a habitat for sandmartins, the council sent an engineer to evaluate the situation on Tuesday.
Eamonn Hore, director of planning with the council, confirmed the works had ceased following the issue of the enforcement notice.
He said the location of Mr Crosbie's house was not as vulnerable to erosion as many of the houses along the same stretch of coast and that the installation of protection measures could have had knock-on effects for neighbouring houses.
"We don't want to stop anybody from protecting their home but Mr Crosbie must carry out the required environmental assessment to show the work will not damage the Special Area of Conservation or cause further problems along the coast," he said.
Mr Hore added that a detailed assessment of erosion in the area is being conducted by Wexford County Council and that the results will be made available upon its completion.
The Irish Times
www.buckplanning.ie
Monday, 17 March 2008
Controversial quarry told to quit by Meath council
The council issued an enforcement notice on Thursday telling Kilsaran Quarries to cease all quarry related operations including blasting, digging and excavation. We are delighted that Meath County Council has finally seen fit to take action,' said residents' spokesman Jon Pierson. Our lives have been made a misery, our homes shake from the blasting. There are up to 600 trucks a day travelling to and from the quarries and the noise from the stone crushing is horrendous,' he added.
The previous Monday, March 3rd, six Bellewstown families took an action against the quarries in the High Court.
In court they claimed both the Kilsaran and Keegan quarries in Bellewstown are unauthorised, under section 160 of the Planning and Development Act 2000.
The High Court has given the quarries until March 25th to produce answering affidavits. We expect to be back in court on April 7th to get a hearing date, the resident's spokesman explained.
Local councillor Eoin Holmes is ‘thrilled' at the council's move. ‘I know they did not take this action lightly. None of us are against quarrying but we cannot have quarries riding roughshod over planning regulations and communities,' he said.
While the council has issued notice telling Kilsaran to quit all operations, this does not mean that quarrying has ceased in Bellewstown. The company has 21 days to respond to the council's notice.
A council spokesman would not give the grounds for issuing the cessation notice.
However, the spokesman did say that the council will reserve its position on further action until it has had an opportunity to consider any submissions from the quarry.
A spokeswoman for Kilsaran Quarries declined to comment on the issue when contacted by the Drogheda Independent.
Drogheda Independent
www.buckplanning.ie
The previous Monday, March 3rd, six Bellewstown families took an action against the quarries in the High Court.
In court they claimed both the Kilsaran and Keegan quarries in Bellewstown are unauthorised, under section 160 of the Planning and Development Act 2000.
The High Court has given the quarries until March 25th to produce answering affidavits. We expect to be back in court on April 7th to get a hearing date, the resident's spokesman explained.
Local councillor Eoin Holmes is ‘thrilled' at the council's move. ‘I know they did not take this action lightly. None of us are against quarrying but we cannot have quarries riding roughshod over planning regulations and communities,' he said.
While the council has issued notice telling Kilsaran to quit all operations, this does not mean that quarrying has ceased in Bellewstown. The company has 21 days to respond to the council's notice.
A council spokesman would not give the grounds for issuing the cessation notice.
However, the spokesman did say that the council will reserve its position on further action until it has had an opportunity to consider any submissions from the quarry.
A spokeswoman for Kilsaran Quarries declined to comment on the issue when contacted by the Drogheda Independent.
Drogheda Independent
www.buckplanning.ie
Friday, 7 September 2007
Developer ordered to demolish €75m project
THE developer of a planned €75 million 120-bedroom hotel and 52 holiday homes in Cashel has been ordered to demolish the development because of an alleged breach of planning conditions.
The entire €75m project and 250 jobs are now under threat, according to developer Liam Campion.
South Tipperary County Council is seeking demolition of the holiday cottages because the houses are terraced rather than semi-detached, as well as being up to nine metres off the specifications in the original plans.
Mr Campion has claimed that the houses, at the former site of the Cashel Kings Motel on the Dublin road out of Cashel, have been built in accordance with plans submitted and approved in July of 2006.
He yesterday accused the local authority of making “a grave error” by trying to force through the demolition of the houses.
“They sought certain amendments which we put into plans that were submitted and approved at a meeting in July of last year. We proceeded with the development on that basis and stuck rigidly to the plans we submitted but the local authority has somehow tried to claim we don’t have approval,” said Mr Campion yesterday.
“Now my initial investment in these houses is at risk, as is the entire project.”
Restoring the location to a greenfield site would bring an end to the entire project, according to the developer, “and deny a major economic boost for Cashel”.
Construction on the holiday project began on August 21 of last year and, in early September, one of the county council officers attended the site to ensure everything was progressing in order, according to Mr Campion.
There was no comment on the matter yesterday from South Tipperary County Council.
Irish Examiner
The entire €75m project and 250 jobs are now under threat, according to developer Liam Campion.
South Tipperary County Council is seeking demolition of the holiday cottages because the houses are terraced rather than semi-detached, as well as being up to nine metres off the specifications in the original plans.
Mr Campion has claimed that the houses, at the former site of the Cashel Kings Motel on the Dublin road out of Cashel, have been built in accordance with plans submitted and approved in July of 2006.
He yesterday accused the local authority of making “a grave error” by trying to force through the demolition of the houses.
“They sought certain amendments which we put into plans that were submitted and approved at a meeting in July of last year. We proceeded with the development on that basis and stuck rigidly to the plans we submitted but the local authority has somehow tried to claim we don’t have approval,” said Mr Campion yesterday.
“Now my initial investment in these houses is at risk, as is the entire project.”
Restoring the location to a greenfield site would bring an end to the entire project, according to the developer, “and deny a major economic boost for Cashel”.
Construction on the holiday project began on August 21 of last year and, in early September, one of the county council officers attended the site to ensure everything was progressing in order, according to Mr Campion.
There was no comment on the matter yesterday from South Tipperary County Council.
Irish Examiner
Friday, 8 June 2007
Developer ordered to pay €16,000 for planning violations
A developer was ordered to pay more than €16,000 for planning violations after a court heard he built an unauthorised extra house in a small development which caused flooding to an existing property.
Paul Dormer and his company, Concord Boiler Engineering Ltd, of Marrowbone Lane, Dublin, must pay fines and costs totalling €16,365 for failing to obey enforcement notices concerning properties he owns at Forbes Lane and Clanbrassil Street.
Dublin District Court heard Mr Dormer got planning permission to demolish and rebuild four cottages at Forbes Lane. He instead built five cottages, and Dublin City Council later obtained a High Court order requiring him to convert two of them into one, restoring the four-cottage situation.
He failed to do so, and later demolished the fifth cottage, erecting a hoarding around it.
Meanwhile, a resident of nearby Long's Lane complained her basement was being flooded with foul water. It was discovered Mr Dormer had not installed new drains for the cottages.
Promises to rectify this problem were not fulfilled, and the problem remained to this day, planning enforcement manager Rory O'Byrne told the court.
A separate structure, measuring 17m by 5.4m, was erected at Mr Dormer's Clanbrassil Street premises without planning permission. He failed to demolish it after a court ordered that he do so.
Mr Dormer, who rents out the cottages in Forbes Lane, did not appear in court yesterday.
Judge Dympna Cusack imposed fines of €4,064 for the Clanbrassil Street structure, €1,905 for failing to deal with the drainage problem in Forbes Lane and €1,905 in relation to the demolished cottage. She also ordered that he pay €8,491 costs and legal expenses.
© 2007 The Irish Times
Paul Dormer and his company, Concord Boiler Engineering Ltd, of Marrowbone Lane, Dublin, must pay fines and costs totalling €16,365 for failing to obey enforcement notices concerning properties he owns at Forbes Lane and Clanbrassil Street.
Dublin District Court heard Mr Dormer got planning permission to demolish and rebuild four cottages at Forbes Lane. He instead built five cottages, and Dublin City Council later obtained a High Court order requiring him to convert two of them into one, restoring the four-cottage situation.
He failed to do so, and later demolished the fifth cottage, erecting a hoarding around it.
Meanwhile, a resident of nearby Long's Lane complained her basement was being flooded with foul water. It was discovered Mr Dormer had not installed new drains for the cottages.
Promises to rectify this problem were not fulfilled, and the problem remained to this day, planning enforcement manager Rory O'Byrne told the court.
A separate structure, measuring 17m by 5.4m, was erected at Mr Dormer's Clanbrassil Street premises without planning permission. He failed to demolish it after a court ordered that he do so.
Mr Dormer, who rents out the cottages in Forbes Lane, did not appear in court yesterday.
Judge Dympna Cusack imposed fines of €4,064 for the Clanbrassil Street structure, €1,905 for failing to deal with the drainage problem in Forbes Lane and €1,905 in relation to the demolished cottage. She also ordered that he pay €8,491 costs and legal expenses.
© 2007 The Irish Times
Thursday, 29 March 2007
Developer faces €12.7m fine
A DEVELOPER who illegally demolished a 19th century convent in south Dublin has missed a deadline to reinstate it.
Kimpton Vale faces a €12.7m fine after failing to rebuild Presentation Convent Terenure which was in the process of being added to the city council's register of protected structures.
Under enforcement proceedings issued last December, the company was instructed to stop the demolition and re-instate the building to the satisfaction of the council's planning department by last Friday.
But the rebuilding work is far from finished, and city council inspectors from the council will visit the site today before deciding if further action is required.
Council sources said it was likely that legal action would be taken because of the slow rate of progress.
© Irish Independent
Kimpton Vale faces a €12.7m fine after failing to rebuild Presentation Convent Terenure which was in the process of being added to the city council's register of protected structures.
Under enforcement proceedings issued last December, the company was instructed to stop the demolition and re-instate the building to the satisfaction of the council's planning department by last Friday.
But the rebuilding work is far from finished, and city council inspectors from the council will visit the site today before deciding if further action is required.
Council sources said it was likely that legal action would be taken because of the slow rate of progress.
© Irish Independent
Case against Kerry golf club owner struck out
Enforcement proceedings against the owner of a golf club near Ballinskellig's Bay, Co Kerry, to remove unauthorised material were struck out by request of Kerry County Council at the Circuit Court in Killarney yesterday.
The proceedings, relating to unauthorised coastal protection works at the Skellig Bay golf club owned by Micheál O'Shea of Bayview Hotel, Waterville, were brought by the council under section 160 of the Planning Development Act 2000.
It was alleged Mr O'Shea failed to properly comply with conditions for retention permission for cliff erosion and protection works carried out to the cliff face of the golf course three years ago, in that he used the wrong type of material.
The enforcement proceedings were initiated just prior to the collapse of rock armour and other material used to reinforce a cliff-top tee box within metres of the coastal home of Breda McGillicuddy last month. The council carried out emergency works to prevent the golf course tee from collapsing on to the 200-year-old cottage and to render the cliff structure safe.
In doing so they also removed the unauthorised material, the subject of the enforcement proceedings, a spokesman for the council said.
Yesterday, Liz Murphy, barrister for the council, told the court that "circumstances have overtaken the matter". Health and safety issues were also now involved, Ms Murphy said.
She requested the matter be struck out and legal costs awarded to the council.
Judge Seán Ó Donnabháin agreed to this request.
The Health and Safety Authority (HSA) had advised the council after receiving a complaint before the cliff face boulder collapse. They gave advice to the council on rendering the structure safe, a spokesman for the HSA confirmed yesterday.
The works to the cliff and coast in an area of Prime Special Amenity, a designated National Heritage Area as well as a candidate Special Area of Conservation, have been the subject of ongoing concern among environmentalists.
Friends of the Irish Environment complained that some of the cliff works had done more damage than 100 years of natural erosion.
The golf course was constructed after planning permission was granted in 1999. However, subsequent works to the cliff were carried out without prior permission. Retention permission was subsequently sought and granted with conditions.
At the time of the cliff collapse last month, Mr O'Shea refuted suggestions that Ms McGillicuddy's house was threatened and said the slippage of the wall protecting the golf course was a result of exceptionally high tides.
He said he was complying with the council's instructions on safety.
Mr O Shea said he had not received notice about the enforcement proceedings from the council.
Anne Lucey
© 2007 The Irish Times
The proceedings, relating to unauthorised coastal protection works at the Skellig Bay golf club owned by Micheál O'Shea of Bayview Hotel, Waterville, were brought by the council under section 160 of the Planning Development Act 2000.
It was alleged Mr O'Shea failed to properly comply with conditions for retention permission for cliff erosion and protection works carried out to the cliff face of the golf course three years ago, in that he used the wrong type of material.
The enforcement proceedings were initiated just prior to the collapse of rock armour and other material used to reinforce a cliff-top tee box within metres of the coastal home of Breda McGillicuddy last month. The council carried out emergency works to prevent the golf course tee from collapsing on to the 200-year-old cottage and to render the cliff structure safe.
In doing so they also removed the unauthorised material, the subject of the enforcement proceedings, a spokesman for the council said.
Yesterday, Liz Murphy, barrister for the council, told the court that "circumstances have overtaken the matter". Health and safety issues were also now involved, Ms Murphy said.
She requested the matter be struck out and legal costs awarded to the council.
Judge Seán Ó Donnabháin agreed to this request.
The Health and Safety Authority (HSA) had advised the council after receiving a complaint before the cliff face boulder collapse. They gave advice to the council on rendering the structure safe, a spokesman for the HSA confirmed yesterday.
The works to the cliff and coast in an area of Prime Special Amenity, a designated National Heritage Area as well as a candidate Special Area of Conservation, have been the subject of ongoing concern among environmentalists.
Friends of the Irish Environment complained that some of the cliff works had done more damage than 100 years of natural erosion.
The golf course was constructed after planning permission was granted in 1999. However, subsequent works to the cliff were carried out without prior permission. Retention permission was subsequently sought and granted with conditions.
At the time of the cliff collapse last month, Mr O'Shea refuted suggestions that Ms McGillicuddy's house was threatened and said the slippage of the wall protecting the golf course was a result of exceptionally high tides.
He said he was complying with the council's instructions on safety.
Mr O Shea said he had not received notice about the enforcement proceedings from the council.
Anne Lucey
© 2007 The Irish Times
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