Wicklow council awaits ruling on chalet demolition order

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Wicklow County Council’s High Court application to demolish a timber chalet at Tinode, Blessington, Co Wicklow, was awaiting judgment. The proceedings were reported on 19 March 2015. High Court President Mr Justice Nicholas Kearns said he would give judgment after Easter following submissions from both parties.

The council sought removal of the chalet and concrete base under Section 160 of the 2000 Planning and Development Act. The land belonged to siblings Gregory and Gillian Kinsella. Gregory Kinsella lived in the chalet with his partner and child.

Gavin Ralston SC said Gregory Kinsella accepted the chalet did not have planning permission but believed none was required because it replaced a structure that had been on the site during the 1990s. Counsel said the siblings bought the site in 1999 and were prepared to undertake that only one of its two dwellings would be used.

Alexander Owens SC, for the council, said an inspector discovered the chalet in August 2012. Works continued despite a warning letter, and it was occupied by April 2013. Counsel outlined that a November 2013 retention application was refused and An Bord Pleanála upheld that refusal because the chalet presented a danger to public safety through a traffic hazard.

Gavin Ralston SC relied on Mr Justice Gerald Hogan’s refusal to order demolition of Katie Fortune’s home. Although her chalet was unauthorised, her occupation with her family and its status as her only home engaged Article 40.5 of the Constitution. The council had failed to show demolition was the only realistic and proportionate response. Counsel urged the court to refuse demolition in Gregory Kinsella’s case.

Alexander Owens SC replied that there was no constitutional right to build a dwelling in breach of planning permission and that the local authority had to enforce planning laws.