Judge upset by O’Flynn brothers’ dispute
Judge Patrick Moran made the comment on the third day of a civil action taken by Laurence O’Flynn and his wife Eileen against Laurence’s brother and sister-in-law, Michael O’Flynn and Joan O’Flynn.
Michael O’Flynn is the managing director of property developers O’Flynn Construction and the case centres on landscaping work carried out when he and his wife were developing a family home and driveway on their land at Kilcrea, Ovens, Co Cork.
Laurence and Eileen O’Flynn, also of Kilcrea, Ovens, have taken the case under the 2000 Planning Act, claiming that a “mound” built as part of the landscaping was in breach of the planning permission granted to Michael O’Flynn for the development of the house, gardens and driveway.
Closing submissions in the case were made at Cork Circuit Court and the case was adjourned until October 20 to allow experts from both sides inspect the site and view it from both sides’ properties.
Ciaran O’Loughlin SC, for Laurence and Eileen O’Flynn, said that the third condition of An Bord Pleanála’s grant of planning permission was “very specific”.
It directed the driveway to be built along a certain route, as submitted by Michael and Joan O’Flynn in the third of three route options.
However, this wasn’t followed during construction, Mr O’Loughlin said.
“My expert says that, because of the breach in this condition, the development can’t be said to be in substantial compliance with planning permission.”
David Sutton SC, for Michael and Joan O’Flynn, said that Cork County Council had deemed the development to be substantially compliant with An Bord Pleanála’s permission.
Judge Moran said he wanted experts from the two sides to view the area.
The judge said he knew it would protract the case further but wanted that step to be taken “because of the nature of the proceedings, and one brother suing another brother”, was “very upsetting”.
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