This article is from page 12 of the 2009-11-17 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 12 JPG
A BUILDER who demolished a house without planning permission has been told he has “blatant disre- gard for court orders”.
The comment from a judge was made in the case of Patrick Costello, who has been convicted of failing to comply with an enforcement notice.
In court last July, Mr Costello, of Shannon Road, Sixmiulebridge, said he was in debt to the tune of more than ©3.6 million.
Last December, Mr Costello was fined €1,500 and ordered to pay €1,800 in expenses for an offence under the Planning and Develop- ment Act, after a court heard he de- molished a house without planning
permission at Main Street, Sixmile- bridge, in 2006.
Ann Colleran, an enforcement officer in Clare County Council’s planning section, told Ennis District Court on Friday that Mr Costello was convicted of failing to comply with an enforcement notice, in De- cember 2008.
“There has been non-compliance with that order,’ she said.
She said that the council had re- quested Mr Costello to reconstruct the house he had demolished with- out planning permission.
Ms Colleran said that an inspec- tion was carried out on February 19 last and the works had not been car- ried out on that occasion.
She explained that when the house
was demolished, damage had been caused to the adjacent house.
Defending solicitor Jenny Fitzgib- bon said she was not calling any witnesses. Judge Leo Malone said the matter was proven.
Rachel Dobson, solicitor for Clare County Council, said the maximum fine open to the court was €508 per day, which amounted to €135,128.
Ms Fitzgibbon said her client is currently not working and is living off donations from his parents.
“He has no savings. Everything that they have is tied up at the mo- ment,’ she said.
The judge said that the demolition occurred in 2006, which is almost four years ago. “There were birds showing in the attic of the property
next door. It’s really serious,’ said the judge.
Ms Fitzgibbon pointed out that she has only been on record for her cli- ent since June of this year.
“I should really impose a prison sentence on your client for his bla- tant disregard of court orders,” said the judge and imposed a fine of €2,000, giving him two months to pay. He also ordered him to pay €2,500 in costs. A bond was fixed in the event of an appeal.
Meanwhile, the judge also refused to extend time for an appeal of the case from December last year. In making the application, Ms Fitzgib- bon said Mr Costello was not rep- resented when the case came before the court 11 months ago.
“He was unwell and left the court. We appreciate our application is out of time. I’m asking that the appeal be dealt with,” said Ms Fitzgibbon.
However, Ms Dobson said that ap- plication would be opposed.
“This came before you almost a year ago. He left the court,’ said Ms Dobson.
She said that a notice of appeal was not filed until July of this year, after another summons was issued.
Ms Fitzgibbon said her client ap- preciated that. She said he has re- ceived medical attention and “has a lot of medical conditions.”
However, the judge refused to extend time to appeal and said Mr Costello could appeal that to the cir- LED Lmerel bya