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A FATHER OF two has been handed a €2,000 fine after being ordered by the court to tear down a timber cabin built on family land in south Co Dublin which was constructed illegally.
Brendan McDonagh, 44, of Glenaraneen, in Brittas, Co Dublin, had been ordered to demolish the two-bed cabin he erected in 2017 because it breached planning rules.
During a protracted legal battle, he had fought for permission from the local authority to retain the structure ever since, but South Dublin County Council held it did not adhere to regional guidelines.
It led to the council prosecuting the welder and him risking jail, with the case being heard over several dates at Dublin District Court since 2019.
The proceedings resumed today when solicitor Michael Quinlan, for the council, said on the previous court date in November, “Mr McDonagh had been given one last opportunity to comply with the court’s order in relation to the removal of the structure in south Dublin.”
The building was described as a chalet-type property, and Mr Quinlan confirmed that it was dismantled and removed over the weekend.
Judge Anthony Halpin enquired if costs were outstanding.
The court heard the original order in 2019 was for costs of €2,000 and a €500 fine with a year to pay. Since then, significant fees have been incurred, bringing it to €5,106.
Asked what he had to say about the costs, Mr McDonagh addressed the judge.
Supported in court by his wife, Ewelina, he stood forward and said, “Judge, I took your advice on board the last time I was here. We couldn’t submit anything to the High Court through the Christmas and could not get the new legal team on board fast enough.”
“As for costs, we don’t have a home. We also don’t have anything from the council. My family has been through an absolute mill and still is going through it.”
“We don’t have a home, we have nothing, and we don’t have money. I have had to give up my full-time job as a welder, that I have been doing for 30 years, to become nothing to have something, to try and get something from the council,” McDonagh said.
“And every property we try and view as a family, somebody beats us to it. The queues are just out the door trying to get the properties in the area that we have to go to because the kids are in the local school,” he added.
The court heard the married couple’s children were aged nearly six and nine.
Judge Halpin noted from the council’s solicitor that compliance was the key aspect.
He slashed the costs to €2,000 and gave Mr McDonagh 12 months to pay.
He also told Mr McDonagh, “In the event you have difficulties, come back to court here, and I will certainly listen to you and try to make another arrangement.”
“I do appreciate that you did comply with the court order; it shows the responsibility you have taken on board and the respect you have for the rule of law,” he added. The case will be listed again for mention next January.
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Not going to get a straight answer from them & anyway never mind about the 10% when are we going to see the rest fall back to where it was in jan 2022. They were still making plenty of profit and still gouging us but at least we had a chance of paying it. Electric Ireland have been putting their hands in our pockets for years it’s about time we cut it off. Some of us need electricity for water that’s the sad part of it. They don’t seem to understand that we have other bills to pay. They can’t come first every time. Most of us live pay-check to pay-check. We pay bills as we go, some months you just have to sit back and be quiet because we just don’t physically have the money to give you. And no amount of texts, phone calls and nasty letters will get you the money any faster.
Show me any other necessity of life that is subject to the whims of big business like the electricity supply. It should be protected like water is. Or at least the government should give a 100% grant to fit solar PV panels. The way it is now you have to have the cash to pay for it before you can get them. I don’t know about you lot but I don’t have a spare €15 never mind a spare €15,000-€20,000
@Colm O’Leary: Your smart phone and the price of pints.
@Don Hogan: Why do you presume to know other peoples circumstances? So many are struggling, lucky you if you are not one of them.
@Don Hogan: I don’t know what the price of pints has to do with anything I don’t drink and I haven’t been out to a pub in 5 years and my smartphone is the most basic model, I upgrade only when my old phone dies which is what happened to my last phone. An old iPhone 5 I kept it going long after apple had stopped supporting it.. so if your implying I’m living high on the hog then I’m not. I’m barely scraping by.
This is crazy, this is how we’re driving young people and not only young people just the population out of this country. The big companies are skyrocketing prices and giving us no hope. Record profits year on year, draining our pockets and filling theirs.
So we can read the usual nonsense rhetoric reply….why bother??
I would but had no electricity all morning can’t change my phone still get the bill on time
Bring the whole energy sector into public ownership, then each year have a price increase equal or less than CPI %. No complaints about price gouging then.
You are in government. You have the power to do something about it. You are more than well paid by the people of this country so do something for them for a change instead of just talking about it.
The business sector was hit with hikes before the residential. In June 22 i was paying on a retail unit 55c per unit. From an initial 21c when i had opened the account the July before COVID. I believe it’s fair they reduce it as the price hikes closed us down.. if it returns to normal we wight return as well ..
have your say