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Couple Ordered to Demolish House - any update?

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Comments

  • Registered Users, Registered Users 2 Posts: 7,644 ✭✭✭Gusser09


    Where did I blame the council?!! As I have said that Council are toothless to enforce any action.



  • Registered Users, Registered Users 2 Posts: 46,196 ✭✭✭✭muffler


    No, they're not toothless. They have dealt with this matter by way of enforcement right up to and including court proceedings. They have used the legal powers conferred on them but they can't be responsible for inadequate legislation in other areas.



  • Registered Users, Registered Users 2 Posts: 7,644 ✭✭✭Gusser09


    So they can't enforce any action they take against the couple or property? So they are toothless.



  • Registered Users, Registered Users 2 Posts: 14,669 ✭✭✭✭Dav010


    The council can only do what they are allowed to legally do, and the owners can avail of their right to appeal. You cannot enforce what you are not legally entitled to enforce if the other side have a right to hinder/overturn that enforcement. The council have done all they can do, they are not toothless, they just have to abide by the law.



  • Registered Users, Registered Users 2 Posts: 7,644 ✭✭✭Gusser09


    Exactly. I'm not blaming them. Yes they are bound by the law of the land and rightly so. It's that law that is making them toothless.

    I expect them now to issue enforcement action and carry it out before anymore appeals can be lodged.



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  • Registered Users Posts: 8,606 ✭✭✭lawrencesummers


    The legal bill must be massive.


    maybe a european appeal awaits??



  • Registered Users, Registered Users 2 Posts: 14,669 ✭✭✭✭Dav010


    I’d be surprised if that house is ever levelled.

    The council should come to some compromise which allows the house to stand, in some form, but with enough changes to demonstrate that building without planning is not without repercussions. If the owners refuse to knock it down, will the council pay, and want to be seen to be paying, to demolish a family home in the present climate? I doubt it.



  • Registered Users, Registered Users 2 Posts: 7,644 ✭✭✭Gusser09


    It never will be. I suspect the council are sorry they didn't just grant retention the first time around. The council certainly don't want to have to knock it either and are hoping a court eventually rules in favour of the Murrays which won't happen either. The Murrays and the council will just the let the clock tick on this. They will issue letter after letter but won't ever enforce. Laughable.



  • Registered Users, Registered Users 2 Posts: 1,093 ✭✭✭GavPJ




  • Registered Users, Registered Users 2 Posts: 46,196 ✭✭✭✭muffler


    You expect them to issue enforcement action? Really? As I said earlier what do you think they have been doing since this began!

    You obviously haven't a clue about the planning process. That's fine. I haven't a clue about cars for example but I'm not going to enter into a discussion about them when I don't know what I'm talking about and then argue the point with someone who has spent a lifetime working at them.

    Post edited by muffler on


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  • Registered Users, Registered Users 2 Posts: 7,644 ✭✭✭Gusser09


    If this appeal has failed then is there not a window to enforce?



  • Registered Users, Registered Users 2 Posts: 1,081 ✭✭✭rn


    Enforcement in action in not unique to meath co council. I lived beside a small bungalow that had a demolition order on it for refused planning for over 15 years. It was built in the back garden of another house. It was only demolished when the main house was sold after the original owner and builder died.



  • Registered Users, Registered Users 2 Posts: 4,798 ✭✭✭standardg60


    Can I ask why the council is entertaining fresh planning applications for a house with a high court demolition order on it?

    Surely the council has no remit to grant permission for retention or part-retention now? They would have to seek a quashing of the order first, so I've no idea why they're wasting more taxpayers money processing an application for a house that has been ordered to be demolished by the highest court in the land. That goes for an bord pleanala too, the court order supercedes any decision of theirs so why on earth were they taking the appeal at all?

    The Murrays ignored the council in the first place, exhausted their avenues in the courts, and have now gone back to 'negotiating' with the council. Given their previous, how would anyone believe that they would subsequently make the alterations contained in the application.

    Why the Murrays aren't in jail for contempt of court until the house is demolished is beyond me, Enoch stood outside some gates.



  • Registered Users, Registered Users 2 Posts: 14,669 ✭✭✭✭Dav010


    Has the court ordered demolition? Or has it rejected an appeal of the councils order to demolish



  • Registered Users, Registered Users 2 Posts: 7,644 ✭✭✭Gusser09


    I would say you are correct Dav. The court will reject the appeal of demolition. Its the council who will order the demolition.

    Either way its a farce. Unless the council can actually apply the orders they make they are worthless. The planning system is a gravy train for barristers and planners when this type of thing happens. Sure why would they want it to stop.

    The appeal has been rejected. Meath CoCo should act swiftly and action their demolition order before the couple can delay proceedings even further. Meath CoCo don't want to do this though. id imagine in 10 years time this thread will still be going.



  • Registered Users, Registered Users 2 Posts: 2,071 ✭✭✭Lewis_Benson


    Sad to say you are probabaly right.

    In reality they should be given a notice period to vacate as the house is going to be demolished on X date

    I'd they try to block the demolition, arrested and a night in the cells while their horrible monstrosity is flattened.



  • Registered Users, Registered Users 2 Posts: 5,795 ✭✭✭Shoog


    This would bring an already shoddy legal system in disrepute. Cannot be allowed to stand.



  • Registered Users, Registered Users 2 Posts: 14,669 ✭✭✭✭Dav010


    The right to appeal is an essential part of any legal system.



  • Registered Users, Registered Users 2 Posts: 5,795 ✭✭✭Shoog


    Appeals process should be streamlined and time limits strictly enforced. No need to do away with appeals - just make the system function.

    One of the problems we faced is to many TDs come from the legal profession and to many have property interests. They have no interest in putting manners on either.



  • Registered Users, Registered Users 2 Posts: 14,669 ✭✭✭✭Dav010




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  • Registered Users, Registered Users 2 Posts: 5,795 ✭✭✭Shoog


    It won't let work for the reasons specified - so we will continue to have to suffer dixks like the couple been discussed getting away with it - another pair of cute whores for people to secretly admire.



  • Registered Users, Registered Users 2 Posts: 4,798 ✭✭✭standardg60


    The council sought an order for demolition and this was granted by the high court in 2012 I think, appealed by the Murrays to the supreme court which upheld the decision in 2017.

    I've no idea why that wasn't the end of it🤷

    It seems that there is some mini-injunction application still before the courts, but why fresh planning applications can occur in the midst of this doesn't make any sense to me.

    Edit, the high court order was issued in 2010. One of Mrs. Murray's appeal reasons was that she had lived in the house for 15 years. There's neck and there's neck.



  • Registered Users, Registered Users 2 Posts: 1,901 ✭✭✭micar


    Could tell the IDF that a high ranking Hamas leader is hiding out in the house.



  • Registered Users, Registered Users 2 Posts: 35,186 ✭✭✭✭Hotblack Desiato


    The council should come to some compromise which allows the house to stand, in some form, but with enough changes to demonstrate that building without planning is not without repercussions. If the owners refuse to knock it down, will the council pay, and want to be seen to be paying, to demolish a family home in the present climate? I doubt it.

    No. No, they really shouldn't.

    © 1982 Sinclair Research Ltd



  • Registered Users, Registered Users 2 Posts: 24,274 ✭✭✭✭Larbre34


    Its not a family home, its a sock down the underpants.

    And an illegal one at that. Get it knocked and everyone learn a lesson.



  • Registered Users, Registered Users 2 Posts: 14,669 ✭✭✭✭Dav010


    I thought they were living in it, are you saying it is vacant?

    The Council are doing everything within their power to get it demolished, have been for years, at this stage they are probably hundreds of thousands of Euro down in solicitors fees, and yet the house still stands. You can see what the end result will be, the owners refuse to demolish, the council are faced with the prospect of having to pay if they want it demolished, the owners refuse to vacate and a standoff ensues. From day one, the CoCo should have looked for a compromise solution, it would have saved face, time, and money. Unfortunately it is the Council who are being taught a painful lesson, the house should never have been built, but the owners are now proving that it is difficult for Councils to get owners to demolish structures once build is complete.



  • Registered Users, Registered Users 2 Posts: 5,795 ✭✭✭Shoog


    Simply NO. Compromising with people breaking the law encourages law breaking.



  • Registered Users, Registered Users 2 Posts: 136 ✭✭flyer_query


    at the same time the family are national news, a laughing stock, look like fools, appear greedy, won’t be able to sell, kids likely impacted by it, have had to put up with papers printing lots of private stuff about them, know that people see them as leaches as they are wasting so much tax payers money (even worse is they are causing expense to their local council which diverts money from local services) etc etc.


    For all of the above reasons and from what they have admitted they clearly regret what they did.


    Surely that means the council did the right thing pursuing them even if it’s expensive as it’ll make others think twice.
    - Following your advise would only encourage people to do it if they think they will get away with it.



  • Registered Users, Registered Users 2 Posts: 14,669 ✭✭✭✭Dav010


    Have you considered, they may not care, and, they would have known from day one they couldn’t sell it? Also, the paper seems to indicate the neighbours couldn’t care less about the house being there.

    Following my advice, if the CoCo had found a compromise, made them change the house in order to obtain PP, they would have laid down a marker and the issue one have been one of granting retention (which is quite a common application country wide) rather than both sides getting stuck in, wasting hundreds of thousands of the LAs money (probably) and two decades of a couple thumbing their nose at them.



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  • Registered Users, Registered Users 2 Posts: 14,669 ✭✭✭✭Dav010


    @shoog You think laws are strictly applied in all cases? Dont be daft. Planning policies are open to interpretation, and opinions can differ even between planners in the same department. Anyone who has had struggles with planners can share their frustration with dealing with a planner who seems a law unto themselves. I can’t think of a law that is strictly applied without the option of appeal, and open to interpretation by the courts. These people are taking advantage of their legal rights, whether you or the council like it, and at the end of it all, I doubt they will demolish it themselves, so where does that leave things?



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