Kerry Council fails to have Michael Healy Rae remove a large advertising sign of himself in Kilgarvan

Local authority acted too late to removed sign that was erected in 2011, judge rules

Kerry TD Michael Healy-Rae pictured outside his controversial gable end signage following his court victory over planning on Thursday. Picture: Don MacMonagle

Kerry County Council has failed in its Circuit Court application to have the TD Michael Healy Rae remove a large advertising sign of himself from the gable of his property at Gortnaboul in Kilgravan.

The council had acted too late, and the “development” which was erected in 2011, without planning permission, was beyond the seven year cut off by the time the council issued proceedings, Judge Terence O’Sullivan found.

The council’s application under Section 160 of the Planning and Development Act, 2000 was before the Circuit Civil Court in Killarney on Thursday. 

The council sought the removal of the 4.8 m wide sign, 2.24 metres in height from the gable wall of the TD’s building at Top of the Cross, Gortnaboul, Kilgarvan. 

The sign declares Michael as the village’s “No I TD” and declares his "hard work, experience, common sense”. It provides phone numbers and contact details.

In affidavit before the court, dated November 2020, planning enforcement officer with Kerry County Council Jim Fox claimed the sign on the side of a building on the R569 was a distraction to road users at a critical point on the roadway where traffic was turning Mr Fox said the sign was not exempt as claimed by Mr Healy-Rae in correspondence on foot of enforcement proceedings. The sign was not present on dates in 2013 and 2014.

The sign never had planning permission, Mr Fox said, it was not exempted and therefore was unauthorised and should be removed.

Michael Healy Rae TD.

However, Mr Healy-Rae, in a replying affidavit said it was first erected “after my election to Dáil Éireann in 2011”.

It was “a demountable sign” and had a number of uses.

“It is a commemoration of my achievement in 2011, it is a promotional advertisement but more importantly, it provides my office numbers to my constituents,” the TD said.

Long before he erected the current sign, there was one by his father — the late Jackie Healy Rae — when he was a TD for Kerry South.

The sign would be temporarily removed from the gable and “used as a promotional advertisement throughout the county of Kerry,” he said.

The TD rejected and was “taken aback” by the claim it was a traffic hazard and distraction.

“I would not countenance that my sign be the cause of confusion to road users,” he said in his affidavit, submitting the findings of an engineer to back this up.

He also said the council was itself “actively encouraging and sponsoring murals to be painted on gables of properties without planning permission”.

Examples included the mural of Monsignor Hugh O’Flatherty in Killarney and Caherciveen.

"I say that the sign the subject matter of these proceedings has been in place on the of the property for in excess of seven years prior to the institution of these proceedings," the TD said in his sworn affidavit. 

Judge Terence O’Sullivan in his decision, said the sign was used by the Healy-Rae family during various election campaigns for office. It was erected in 2011, the judge found.

Traffic hazard was not an issue for him to decide.

“My sole issue is whether the application under planning legislation is too late,” Judge O’Sullivan said.

Referring to case law, the council to succeed he had to be satisfied there was abandonment.

Picture: iStock

“There was a development in 2011. The local authority didn’t move until too late. 

“There was no abandonment as it was only suspended for temporary periods in relation to particular canvas, and there was always an intention of resuming its position on the gable wall.

“My view is the local authority must fail in this application in relation to time bar,” he said.

Counsel Richard Liston, instructed by Dan O’Connor, Killarney solicitor, applied for costs, saying costs followed the event.

The application was opposed by barrister for the council Elizabeth Murphy, instructed by county solicitor Rosemary Cronin.

“The development was unauthorised. The application only failed because it was statute barred,” she argued, resisting the cost.

The judge said he always had sympathy for private individuals because it was difficult to be up against the State.

“The difficulty for Kerry County Council is they were obliged to do something if someone raises a hare, so to speak,” the judge said, referring to the fact that the council acted after a complaint.

He awarded the TD’s legal team two thirds of their costs.

The identity of the complainant was not revealed.

Speaking after the decision, outside the courthouse, Mr Healy Rae, said he welcomed the decision of the court. The person who made the complaint was “wrong", the TD said.

He did not know the identity of the complainant and the authority were obliged to act on foot of the complaint.

“I have nothing but respect for the local authority. I thank my legal team, Richard Liston instructed by Dan O’Connor, solicitor, who ably represented me,” Mr Healy Rae said.

He also said the prospect of court had terrified him.

“I’m terrified of court,” the TD said.

In a letter of response to the council enforcement section on February 14, 2020, the TD said he believed the complaint was politically motivated and he said he would resist taking down a sign which had been on his property with many many years.

“..this is obviously a complainant that is making this complaint facelessy (sic) just out of politics and this is what it is all about, politics, therefore, I will be fighting this, I am not removing the sign and it certainly will not be removed unless I am directed by a judge to do so.” 

A separate application by the council to force Danny Healy Rae TD to remove a colourful sign over his pub on Main St, Kilgarvan was adjourned.

The photo of Danny Healy-Rae TD over the top of the porch on his pub, the Jackie Healy Rae Bar, Main St, Kilgarvan. 

The large green and gold sign in the Kerry colours proclaim, in italics Danny's "Hard work & common sense," and that he is always available. His contact details are on display.

He is contesting the matter.

Both Danny and Michael Healy-Rae along with Danny’s son Johnny Healy-Rae were in court yesterday for the proceedings.