Owner to demolish chalet

The owner of a wooden house in Co Wicklow found to have been built in gross breach of planning laws has agreed to have the building demolished by the end of January next year.

Sat, 25 Apr, 2015 - 01:00

Ann O’Loughlin

In a judgment earlier this month High Court president Mr Justice Nicholas Kearns made an order for demolition of the wooden chalet home of Gregory Kinsella, his partner and their young child. Demolition was sought by Wicklow County Council, after finding the property breached planning laws.

The chalet is located at Tinode, Blessington, on the busy N81 road between Tallaght and Blessington. Mr Justice Kearns made the order in a judgment strongly disagreeing with another High Court judge who, in a 2013 case, refused to order demolition of a different wooden chalet home near Lough Dan in Co Wicklow.

Yesterday, when the Kinsella case returned before the court, Mr Justice Kearns was informed by Alexander Owens SC for the council that Mr Kinsella had agreed that the chalet is to be demolished by January 31, 2016.

The Judge said that given the “special circumstances” of the case, including that the case was brought before the High Court following the judgment in relation to the chalet near Lough Dan, he was making no order in relation to the legal costs.

The council had sought its costs. Lawyers for Mr Kinsella argued that the given the circumstances the court should not make a costs order against their client.

Mr Justice Kearns said full enforcement of section 160, which permits removal of unauthorised development, was appropriate and proportionate in this case.