A judgment in a six-year-long planning dispute involving an extension of a house in North Dublin is to be returned next year after the Circuit Court heard both parties were “too far apart” in coming to an agreement.
Judge John O’Connor had adjourned the matter to allow Fingal County Council to consider a proposal from Philip Farrelly, who was served an enforcement order in 2020 directing him to demolish an extension at the rear of his Victorian home.
The council initiated legal proceedings against the 70-year-old businessman, who had not sought planning permission for the development, after he did not comply with the enforcement order.
Fingal County Council is seeking the demolition of the extension and restoration of the site on Burrow Road, Sutton.
RM Block
Representing Mr Farrelly, Oisin Collins SC told a brief sitting of the Circuit Court on Thursday that his client had indicated he was prepared to carry out works that would “have the footprint of the building the same as it was before”.
Mr Farrelly has argued that a completely new extension was required due to structural defects identified, which would not have required planning permission had it been identical. However, the court heard the final development was larger in size and moved by 1m.
Following talks since the matter was adjourned to allow the council to consider Mr Farrelly’s proposal, Tim O’Sullivan BL, the council’s barrister, said both parties were “too far apart to come to any conclusion”.
He sought to recommend an order the court could make, however, Mr Collins, argued it was “a bit premature to be offering potential orders”, noting that a judgment has not yet been made.
“It is not appropriate that a planning authority would come in and propose final orders in the manner they have today, on the hoof, and without any forewarning,” Mr Collins argued.
He added there was “a lot at stake” for Mr Farrelly.
Reiterating that the council was proposing “the complete demolition” and rebuilding of the structure to its prior state, Mr Collins said: “That could entail hundreds of truck movements taking skips in and out, and then delivering new blocks. These are matters the court should understand before it starts making orders.”
The council’s suggestions for a court order were not heard on Thursday, though Mr O’Sullivan said they “wouldn’t come as any surprise to Mr Collins”.
Judge O’Connor said he was “very conscious” that it is a family home, and had tried to give a chance to see if both parties could come to some resolution.
“We’re at the endgame in relation to this,” judge O’Connor said, adding: “I just have to deal with the facts dealt with before me.”
He set a date for early 2026 to return a judgment.
