Council takes court action over ‘unauthorised halting site’ in back yard of shop in Limerick town

A FAMILY which is living in a caravan at the rear of a derelict building without permission has been given more time to engage with the local authority.

Limerick City and County Council has initiated proceedings against Dan Flynn and Mary Flynn over their alleged failure to comply with enforcement notices which were served on them last year.

The notices, under planning legislation, require them to leave the yard where they are living and to stop using the caravan and sheds.

At Newcastle West Court, solicitor Will Leahy, representing the council, said the caravan is located in a yard to the rear of a former shop and house which faces onto the Square in Rathkeale.

He said the use of the caravan and shed is “not an exempted development” and that planning permission is required.

“This is a flagrant breach of the Planning Act,” he submitted.

Judge Carol Anne Coolican was told the Flynns, who have a daughter with special needs, previously owned the former shop at the front of the site but that the local authority has secured approval from An Bord Pleanála to compulsorily acquire that property under the Derelict Sites Act.

Solicitor Michael O’Donnell said his clients were granted planning permission in 2018 to knock a number of sheds at the rear of the (derelict) property and to build a house.

However, the development has not been progressed for a number of reasons, including Covid-19.

He said his clients recently applied for housing assistance from the council and he suggested the local authority should “stay its hand” to allow them to progress the new build.

“They are doing their level best,” he said, adding that allowing his clients to build the house would “solve everything”  as Mr and Mrs Flynn would no longer  have to live in a caravan.

In response Mr Leahy, insisted the “housing issue” is separate to the matters before the court.

“This is a matter of living in a caravan without permission,” he said, adding that, in effect, the Flynns were seeking to live in an “unauthorised halting site”.

Opposing the suggestion that the Flynns be allowed to build the house, as previously approved, Mr Leahy added that its no longer “in their gift” to carry out the works following the decison of An Bord Pleánala to approve the CPO.

Judge Coolican was told a planning inspector had visited the site prior to the court hearing and he confirmed the caravan was still parked there and that a shed had also been renovated for  use as a “living area”.

Judge Coolican adjourned the matter to a date in May to allow for further discussions to take place.

In doing so, she said she was not making a determination regarding the merits of the prosecution.