LIVE: Tipperary pensioner appeals jail term imposed for failing to remove log cabin home

A 67-year-old New Inn man is appealing the four month prison term imposed on him at Cashel District Court yesterday (Thursday, March 6) for failing to comply with a planning enforcement notice to remove his log cabin home that was built without planning permission.

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 by failing to remove his log cladded home at Woodinstown, Cahir, failing to disconnect the dwelling from all utilities and services, failing to reduce the entrance opening and failing to undertake works to restore the site to agricultural use, contrary to the Planning & Development Act of 2000. 

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.

READ MORE: LIVE: Bench warrant issued for Tipperary man who built a log cabin without permission

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 submitted the appeal notice soon after the case concluded. The court order is now on hold pending the outcome of the appeal.

Sean Meehan was accompanied by family members and supporters at the court hearing. A large group of supporters, some carrying placards, was also gathered outside Cashel Courthouse when he emerged at the conclusion of the case.

READ MORE: 'A free man until next Thursday,' says Tipp's Seán Meehan as he battles to save log cabin

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. He explained that he (Mr Morrissey) was in the circuit court that day and some confusion had arisen over whether Mr Meehan needed to attend the district court sitting that day as there was an application to adjourn the case in view of judicial review proceedings being in train.

Judge O'Shea responded that 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 he had already done that and directed the case be heard.

Tipperary County Council solicitor Finbarr Tobin recounted that the planning enforcement notice was issued in June 2022  Mr Meehan failed to comply with the steps set out in the summons to remove the development 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 had 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 as the fact the legislature is reviewing the planning laws in relation to these dwellings.

The solicitor pointed out Mr Meehan was 67 years of age and he has children and grandchildren living 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 when this process was initiated 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. He also submitted an appeal to An Bord Pleanála, 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 Pleanála level and was now seeking a review of the An Bord Pleanála aspect of the case through the superior courts.

He said it was important to note he was dealing with a criminal offence the same as any other case but involving a "planning matrix". 

On a previous court date, he adjourned the sentencing 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, he pointed out. 

“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 Mr Morrissey 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 the courts just as judges shouldn't seek to influence politics.

“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 continued. 

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 was 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 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 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.