A former BBC and ITV worker has been ordered to pay prices in a Donegal court docket over an unauthorised improvement in Portnoo.
After being refused retention planning permission over the event at Narin, Portnoo, Stephen Myles was issued with an enforcement discover by Donegal County Council in 2021 – two years after planning permission was refused.
A solicitor representing Myles instructed Glenties District Courtroom that he acted on the recommendation of an architect.
Myles, who was charged with breaches of the Planning Growth Act, added a log cabin to a web site on which a modest dwelling and had deliberate to attach the 2 constructions.
Nonetheless, Myles was charged with a failure to adjust to an enforcement discover that was issued on April 27, 2021. Donegal County Council introduced proceedings towards Myles below part 154 (8) and part 156 of the Planning Growth Act.
Myles was represented by solicitor Mr Gordon Curley, who instructed the court docket that his consumer labored overseas for media shops resembling BBC and ITV earlier than deciding to take early retirement.
Mr Curley mentioned that Myles had financial savings of round €100,000 when he got here to Portnoo. Myles and his spouse got here to Portnoo to retire ‘and fell in love with the realm’.
The home they had been in was ‘not ample’ and Myles spent roughly €60,000 on a log cabin, Mr Curley instructed the court docket. Mr Curley instructed Choose Éiteáin Cunningham that Myles engaged the companies of an architect who instructed his consumer that the log cabin was constructed below the grant web site and didn’t want planning.
The court docket heard that Myles initiated Excessive Courtroom proceedings for negligence, however determined to not pursue the.
“He’s bodily and emotionally damaged over the entire affair,” Mr Curley mentioned. “He has spent €80-90,000 of his life financial savings that he supposed to retire on.
“In the long term, he has already paid a heavy value and if prices are added it might add to the entire saga.”
He mentioned Myles and his household have since relocated to Greece, the place his spouse hails from, ‘as this has simply not been a contented expertise’.
Mr Kevin McElhinney, solicitor for Donegal County Council, mentioned that ‘a number of functions’ had been made for retention. “I consider it was made very clear that retention wouldn’t have been doable,” Mr McElhinney mentioned. “Whereas there may be each sympathy when it comes to the difficulties, it does stay an unauthorised improvement.”
The cabin has since been eliminated, Mr McElhinney mentioned, however mentioned {that a} therapy plant, whereas decommissioned, stays on the positioning.
Mr McElhinney sought the awarding of prices on behalf of the Council. “If there are not any prices awarded, it’s left to the taxpayer, which is the Native Authority’s concern,” he mentioned.
Choose Cunningham mentioned it appeared as if Myles and his spouse ‘in any respect levels acted in good religion and acted on recommendation, albeit the mistaken recommendation’.
Choose Cunningham awarded €500 plus VAT by means of a contribution to prices. Myles was given six months to discharge the prices.
Mr McElhinney instructed the court docket {that a} plea was tendered in January 2023 and additional time was sought to take care of the construction.
Myles had sought retention permission for ancillary dwelling lodging adjoining to current dwelling home, septic tank and percolation space and permission for the proposed hyperlink to the present dwelling to incorporate a brand new entrance entrance to the home and all related web site works,
Donegal County Council refused permission in August 2019 and Myles subsequently lodged an attraction to An Bord Pleanála.
The attraction outlined that there was a requirement for extra house to accommodate visiting relations a 60 sq. metre home ‘which is now a everlasting place of residence’ and mentioned the design was ‘of small scale and low profile’.
An inspector visited the positioning in November 2019 to hold out an evaluation.
The inspector agreed with notes made by the appellant concerning the excessive density of housing within the space, however mentioned that the deserves of the case needed to be thought of and balanced with the applicant’s wants.
“On this regard it’s acceptable to query the aim of the event and specifically the necessity for 2 separate kitchen eating areas,” the inspector wrote in recommending that the Board uphold the choice of the Council. “It is a massive extension relative to the present home.
“In abstract, I think about that there’s advantage within the conclusion of the planning authority that the event could also be described as haphazard and would by cause of the 2 separate models seem time to represent over improvement of the positioning.”
An Bord Pleanála refused permission, stating that the proposed improvement – which was in an space ‘designated as an Particularly Excessive Scenic Amenity Space’ – would ‘represent overdevelopment of the positioning’.
Former BBC and ITV worker in court docket over unauthorised Portnoo improvement was final modified: January thirty first, 2024 by
