Council withdraws action against Danny Healy Rae over promotion sign
The image of independent TD Danny Healy Rae above the family pub in Kilgarvan, Co Kerry, that Kerry County Council wanted removed under planning legislation.
Kerry County Council is halting its action under planning legislation against Danny Healy Rae, in its attempt to get the TD to remove an image of himself from over his pub in Kilgarvan.
A council spokesman confirmed it was withdrawing the action, which was listed in the Circuit Civil Court, saying it would “not be prudent” to proceed any further. The council felt it would have little chance of success, following further submissions, along with an earlier decision at the court in Killarney, the council statement said.
In May, the planning authority failed in its twin circuit court action against Danny’s brother Michael in the case of a large sign of that TD near his shop on the edge of the village at Gortnaboul.
The council said Michael’s sign was unauthorised as it had been erected without permission, and the planning authority wanted it removed. Michael Healy-Rae had maintained the 4.8m x 2.24m picture of himself, “The Village’s NO.1 TD” was “demountable” and had been used throughout the county of Kerry in election campaigns since first erected in 2011.
The planning authority had acted “too late”, and the “development” was beyond the seven-year cut-off, the Circuit Civil Court found.
Judge Terence O’Sullivan awarded Michael Healy Rae’s legal team two thirds of its costs.
The proceedings against Danny, also under Section 160 of the Planning and Development Act 2000, had been adjourned in May. The Circuit Civil Court was told this week the council was to withdraw.
In a statement, Kerry County Council said: “Following on from receiving further pleadings, since both the last court date and the initiation of our proceedings and also taking into consideration a recent judgment in a case not dissimilar to this one, it was decided, on reviewing the file, and considering all of the above, that the prospect of securing the orders sought were not as favourable as initially thought and that therefore it would be prudent not to proceed further with the matter.”
Danny Healy-Rae, who, like Michael, was contesting the action on the grounds of longevity, welcomed the decision and congratulated his legal team.
The sign in the green and gold Kerry colours over the porch of the Jackie Healy-Rae pub on Main Street pays tribute to the TD and makes available his contact details alongside his photograph.
There has been such a sign over the pub in Kilgarvan since the time of the late Jackie Healy-Rae’s time as a county councillor, Danny said.
A large number of neighbours and supporters of the Healy-Raes were set to provide testimony to the court if the case had gone ahead.
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