Pigeon-fancier ordered by court to demolish loft
Cork City Council brought a case against Christopher Nagle and his wife, Sharon Nagle, for failing to comply with an enforcement order to remove the pigeon loft at Senim, Blackrock Road, Cork.
Mr Nagle, who said he felt hard done by, told Judge David Riordan he got planning permission to build the loft. There was an appeal against it to An Bord Pleanála, who upheld the appeal. Since then, the council issued the enforcement order. The local authority issued proceedings against the Nagles for failing to comply with the order.
During his plea of not guilty, Mr Nagle claimed the enforcement order was unconstitutional in the sense that he was being treated less favourably for keeping pigeons than a person who kept finches, jackdaws or parrots.
He also argued an engineer’s report on the loft was put into evidence in the appeal and this report was, “defamatory, fraudulent and untruthful”.
Judge Riordan said he did not have the jurisdiction to enter into the merits of the planning issue decided by another authority or to review their decision. In relation to the allegation of unconstitutionality, the judge said he did not have power to consider that issue in the district court.
On Mr Nagle’s challenge to the enforcement order, the judge found against Mr Nagle.
He convicted the defendants and fined Mr and Mrs Nagle €200 each for failing to comply with the order, which effectively ordered them to demolish the loft. The judge ordered them to pay Cork City Council costs of €2,540.
Brid Flynn, solicitor for the council, also asked the judge to order the defendants to comply with the enforcement order and the judge did so.
However, it emerged the enforcement order carried a specific date by which the demolition had to be done and this could create a legal issue. Yesterday’s decision may be appealed to Cork Circuit Court.
