Courts / Wicklow / Report

Wicklow County Council seeks order for demolition of home allegedly built without planning permission

Summary

Wicklow County Council has asked the High Court to order the demolition of a wooden chalet at Tinode, Blessington, which the council says was built without planning permission on land owned by Gregory and Gillian Kinsella. The chalet sits on a site that already had an old cottage and is located on the busy N‑81 road. The council seeks orders under Section 160 of the 2000 Planning and Development Act to remove the concrete base and timber structure. The Kinsellas argue they had a right to build the chalet as a replacement for the earlier cottage and that they would use only one dwelling on the site. The council cites a prior warning letter and a refusal of a retention application, and argues the chalet poses a traffic hazard. The case is pending, with the judge reserving his decision until after Easter.

Who, what, where, when and why

What: Report matter: Wicklow County Council seeks order for demolition of home allegedly built without planning permission. Procedural stage: hearing_or_decision

When:

• August 2012 Other
• April 2013 Other
• November 2013 Other
• 2015-03-19 Publication

Why: Mr Justice Hogan, who agreed her chalet was an unauthorised development, also found that because Ms Fortune had been living in the chalet for some time with her family and as it was her only home, the inviolability of the family home under Article 40. CNI source report

Places mentioned

Topics

Stage Hearing Or Decision

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Read the original CNI report