Cosgrove Gaynard Solicitors

Court update: Planning permission | Unauthorised Structure

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A decision by the High Court to overturn an order made by Wicklow County Council to demolish a premises built without planning permission has been met with some interest .

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The lady involved, Katie Fortune, has lived in the premises (a chalet) with her children since 1999. The High Court overruled a decision of the Circuit Court whereby it was held that the structure should be demolished as it was an unauthorised development in line with current planning permission regulations.

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The High Court in overturning the decision of the Circuit court held that although the property was in an outstanding area of beauty, it was hidden from view and did not threaten the rights of others. However what is very interesting is that the High Court held that an order to demolish the structure would interfere with Mr Fortunes property rights and referred to Article 40.5 of the Constitution regarding inviolability of the home.

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It waits to be seen as to whether this sets a precedent especially in relation to other special areas of conservation.