Car showrooms built without planning permission

A KILLARNEY motor dealer who built showrooms without planning permission will be put out of business if Kerry County Council gets an order to have the building demolished, a court heard.

Dermot Healy, whose showrooms are on the Mallow Road, outside Killarney, asked for more time to regularise his planning when the case came before Judge Carroll Moran at the Circuit Court in Killarney.

Kerry County Council sought an order to prevent Mr Healy from using the showrooms, to remove the cars and to demolish the portal frame construction at Suzuki Car Sales, Ballaghacommane, Killarney.

Barrister Elizabeth Murphy, for the council, said the council served an enforcement notice on Mr Healy to stop him erecting the building in September 2004.

He had since submitted four planning applications to retain the building, three of which were withdrawn by him before the council had made a decision. She said the fourth application went by default.

Solicitor Padraig O’Connell, for Mr Healy, said his client’s engineer had been in consultation with the council regarding the withdrawal of applications. He had at all times responded through his engineer and had, so far, spent €50,000 in planning fees.

The solicitor said the council had indicated that if he demolished a portion of the building they might look favourably on allowing him retain another portion.

“If the order (as sought by the council) is made, he has to close,” Mr O’Connell said.

Judge Moran granted an adjournment until November. The judge asked that Healy’s engineer Frank Curran be present when the case is heard again.