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  • High Court Overturn Council Decision to Demolish Dwelling in Wicklow

    Further to a previous article on the Council taking enforcement action against a homeowner in Co. Wicklow (see  post from Nov 7th 2012) there is now an update:

    The High Court have refused to make a demolition order against Ms. Katie Fortune for building a chalet in Lough Dan, Roundwood, Co. Wicklow.  Ms. Fortune has lived in the chalet for 14 years in an Area of Outstanding Natural Beauty.

    Mr Justice Gerard Hogan refused to make a demolition order as the council had not provided any compelling evidence that the house was completely at odds with public policy objectives.  Although the chalet was unauthorised in his view the house did not jeopardise or threaten other parties’ rights.  In relation to the issue of being located in an outstanding area of natural beauty the Judge, having visited the site, considered the chalet was entirely hidden away from view and did not detract from any of the great vistas which are one of the glories of the Wicklow uplands.

    Other unauthorised structures on the site are still to be determined in terms of their potential demolition.

    Published on June 10, 2013 By:David Mulcahy · Filed under: Court Cases, Rural Planning; Tagged as: , ,
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