LATEST: GoFundMe goal almost reached for Tipperary's Seán Meehan
'It is unacceptable that a 66-year-old man should face such a harsh ultimatum'
A fundraiser has been set up for a 67-year-old Tipperary man who was given a prison sentence for failing to remove his log cabin home.
The GoFundMe is set at a target of €16,000 aimed to be raised and it currently is close to this target as it is now over €11,000.
The organiser of the GoFundMe pages said: "I kindly request assistance for a pensioner in Tipperary who is facing homelessness and imprisonment for attempting to protect his lifelong home, where he raised his family.
"Seán has diligently provided for himself and his pets without government assistance; however, Tipperary County Council is attempting to evict him, with imprisonment as a potential consequence if he resists.
"It is unacceptable that a 66-year-old man should face such a harsh ultimatum from his local government. We implore you to offer any support possible, as legal action may be necessary to save his home."
You can DONATE HERE.
Seán Meehan is appealing the four-month prison term imposed on him at Cashel District Court on Thursday, March 6.
Judge Brian O'Shea imposed the four-month jail term on Sean Meehan for not complying with a planning enforcement notice served on him on June 3, 2022.
Mr Meehan failed to remove his log cladded home and its outbuildings at Woodinstown, Cahir, to disconnect the building from all utilities and services and to undertake works to restore the site to agricultural use.
The Judge directed the pensioner to pay €9,941.96 legal and administrative costs to Tipperary County Council and ordered Mr Meehan to comply with the planning enforcement notice.
He stipulated that every day Mr Meehan failed to comply with the order would have the net effect of being a criminal offence, and it would be up to Tipperary County Council to prosecute if he failed to comply.
The Judge fixed recognisance in the event Mr Meehan wished to appeal the court's decision and his solicitor Colin Morrissey gave submitted the appeal notice soon after. The court sentence is now on hold pending the outcome of the appeal.
Sean Meehan was accompanied by family members and supporters at the court hearing outside Cashel Courthouse when he emerged at the conclusion of the case.
The court hearing began with Mr Morrissey addressing the issuing of a bench warrant for his client's arrest for failing to appear before the court on February 20.
The solicitor was in the circuit court that day and some confusion had arisen over whether Mr Meehan needed to attend as there was an application to adjourn the case in view of judicial review proceedings being in train.
Judge O'Shea responded that the judicial review proceedings had nothing to do with this prosecution and noted this case was going on since 2022.
Mr Morrissey said he wished to renew the application for adjournment but the Judge said had already done that and directed the case be heard.
Tipperary County Council solicitor Finbar Tobin recounted that the planning enforcement notice was issued in June 2022 but Mr Meehan failed to comply with its provisions to remove the dwelling and outbuildings and restore the site to agricultural use.
He requested the court to direct Mr Meehan to comply with the notice on a certain date and direct that he pay legal and administrative costs of €9,941.96 to Tipperary County Council.
In mitigation, Mr Morrissey told the court his client has strong local support behind him and councillors have made a Section 140 application to Tipperary County Council's CEO seeking to stop any council prosecutions in relation to dwellings like his client's.
He asked the court to take cognisance of this development as well the fact that the legislature is reviewing the planning laws in relation to these dwellings.
The solicitor pointed out Mr Meehan was 67 years of age and his children and grandchilden live in the area he lives. He erected the dwelling on a small plot of land he owned after his divorce.
He became ill and wasn't able to engage with the council in the early stages of this process as he was undergoing medical treatment. His client tried to remediate matters by submitting two planning applications for retention of the house, which were refused, and an appeal to An Bord Pleanala, which was also refused.
Mr Morrissey pointed out an application for leave to instigate a judicial review was to be made in the High Court on March 10.
He submitted that Mr Meehan's home posed no threat to public safety and he argued this case was at the lower level of gravity for these type of offences.
In view of these mitigating circumstances, he urged Judge O'Shea to impose a monetary penalty instead of imprisonment as was previously indicated by the court.
After a brief adjournment, Judge O'Shea gave his ruling in the case. He said Mr Meehan had fully exhausted the planning process at county council and An Bord Pleanala level and was now seeking a review of the An Bord Pleanala aspect of the case through the superior courts.
It was important to note he was dealing with a criminal offence the same as any other case but with a planning matrix to it.
On a previous court date, he adjourned the sentence to give the accused an opportunity to put things right. People couldn't just build properties without planning permission and without any legal intervention as it would cause chaos in terms of public services with no ability to police things like electricity, sewerage and water. This was why the county council was charged with supervising and prosecuting.
“The accused undoubtedly found himself in straitened circumstances but being divorced and unwell didn't entitle him to construct a dwelling without planning permission. Part of the reason for adjourning the case was to see what the accused's attitude would be and to allow him as much time as possible to take remedial action.”
The judge said he had taken into account what Mr Morrissey said about his client and he could see in the courtroom the substantial local support he had.
Turning to the letter submitted to him from county councillors making a Section 140 application to Tipperary County Council's CEO, he said his view of such letters was that politics and the law were two different things and politicians shouldn't seek to influence court as judges shouldn't seek to influence politicians.
“Despite the public outcry in relation to this case, which I wasn't aware of until this morning, I just can't decide a case based on sentiment. I have to decide cases based on legislation and common law.”
He regarded the offence committed by Mr Meehan to be at the “upper end of the range” of these type of offences heard in the district court.
“I am satisfied his culpability is high notwithstanding the circumstances. He made a conscious decision to build a property without planning permission.”
He said there has to be a deterrent in relation to building properties without planning permission. While he knew the legislature is talking of changing the law, he had to have regard to the law in place today.
Judge O'Shea said he was satisfied the harm caused locally was low but the more "geographic expansive harm" would be significant. The accused failed to take any remedial action even through he was given a lengthy period of time to do so.
In relation to the bench warrant issued on February 20, he was satisfied with what Mr Morrissey's explanation that there was confusion and he was not taking any adverse view in relation to Mr Meehan's non-appearance in court that day.
The Judge also noted Mr Meehan had pleaded guilty and had no previous convictions before ruling that the appropriate sentence was four months' imprisonment having regard to all the circumstances of the case.