September 26, 2023

A Gaoth Dobhair man, beforehand described as being of a ‘free man philosophy’ who didn’t acknowledge planning legal guidelines, has been introduced again earlier than court docket for failing to adjust to an enforcement discover.

In 2015, the enforcement discover was issued towards Denis McGee at Dungloe District Courtroom, regarding an unauthorised improvement.

McGee had constructed a big shed to the rear of his dwelling at Brinlack Decrease, Gweedore to revive classic automobiles. In 2015, he was ordered to demolish the shed to protect surroundings and he was convicted of failing to adjust to the discover in April 2016.

McGee was ordered to take away the shed, containers and disused autos inside three months. On the time, the court docket heard that two boats, a big metal container, a lorry container, scrap and a mini-digger had been among the many objects on his property.

The court docket heard that the shed, 200m from the ocean, was of some 60sq m when it was to not exceed 25sq m.

When the case was earlier than the court docket in 2016, Killian Smith, an govt planner with Donegal County Council, stated: “Mr McGee stated he didn’t stand below the legislation. He has a free man philosophy.” He stated the defendant didn’t acknowledge planning legal guidelines.

The matter was again earlier than Falcarragh District Courtroom this week.

McGee has been charged that he did proceed the offence below Part 154 (8) of the Planning and Growth Act 2000 of failing to adjust to the necessities of an Enforcement Discover dated January 21, 2015, regarding unauthorised improvement and the stated necessities detailed within the Third Schedule to the stated Discover after the conviction recorded towards him on the sittings of Dungloe District Courtroom on April 12, 2016 for the stated offence and he did thereby commit an additional offence opposite to Part 156 (2) of the Act.

Solicitor for Donegal County Council, Mr Kevin McElhinney, stated that one car and ‘some scrap’ had been eliminated.

“This can be very gradual progress,” Mr McElhinney stated, including that it was his perception that there are nonetheless 12 autos, a horse field, a trailer and what had been described as ‘decayed machines’ on the location.

Mr Michael Gillespie, representing McGee, stated his consumer has solely taken authorized recommendation in current months and is making an attempt to handle the matter.

Mr Gillespie instructed the court docket that two autos have been eliminated. He stated McGee is making an attempt to dismantle some machine to get them in a situation to be eliminated.

A small excavator had damaged down, he stated, and requested the court docket to present him some extra time to handle issues.

Choose Éiteáin Cunningham requested if McGee realised the seriousness of the scenario because the implications had beforehand been set out.

Mr Gillespie stated there are ‘sure facets which might be questionable’ within the case.

Choose Cunningham stated that issues have ‘already been decided within the case’, telling Mr Gillespie {that a} prosecution had been introduced by the Council and a listening to heard on the matter.

“I need to be glad that everybody understands that the court docket has a job and the court docket can’t stray past that,” Choose Cunningham stated. “The court docket deems this to be a really severe matter and it has been again right here on plenty of events.

“The court docket discovered the information confirmed and we are actually a number of years on so I don’t need to revisit all of that,”

Choose Cunningham stated she was glad that some efforts had been made and hoped it was a sign. Choose Cunningham stated there could be implications ought to the court docket order be ignored

Choose Cunningham stated: “I do need him to know the seriousness of the scenario. I might urge your consumer to do as a lot as he can on the elimination of things in accordance with the order that’s in existence.”

The matter was adjourned till October 10 subsequent.

Man who constructed unlawful shed for classic automobiles is again in court docket was final modified: July twenty third, 2023 by Workers Author