Court orders that Kildare house under construction be taken down

Kildare County Council was granted an order directing that a house - constructed without the appropriate permission - be taken down.

The case was taken by KCC against Alina Zinkiene, whose address was given as 109 Boyne Meadows, Edenderry. It was claimed that on October 4, 2022, at Silverhill Upper, Ballymore Eustace, the woman failed to comply with an enforcement notice contrary to the Planning and Development Act.

Damian Daly of KCC told the court that a house was built but not finished and consisted of walls, internal walls and a roof.

He said the woman owns the land which it was believed had been bought from a farmer and KCC got involved following a complaint from a member of the public.

He added work ceased when KCC intervened but the building remained in place.

The court also heard that an application for retention was refused by KCC  and this decision has been appealed to An Bord Pleanála (now An Coimisiún Pleanála).

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Cross examined by barrister Donncha Craddock, Mr Daly said that a shed existed on the site previously and a planning application that was lodged was incomplete.

Mr Craddock alleged that the woman engaged professional advice and was let down by this and  he handed in documents to support his claim. He said there was “poor or inadequate or no advice.”

He said the woman and her partner will be at a significant loss if the appeal is rejected.

Judge Desmond Zaidan imposed a fine of €2,500,which is the minimum and he directed that costs of €5,767 covering KCC’s costs and legal costs, be paid by the woman.

The judge said that the building should be taken down within three months - but he put a stay on the order pending the outcome of the appeal to An Bord Pleanála.