Demolition carried out on a house in County Meath, allegedly constructed in defiance of planning regulations about two decades earlier, thwarts attempts by the homeowners to prevent it.
In the picturesque town of Bohermeen, Co. Meath, Chris Murray and his wife Rose found themselves embroiled in a long-standing legal battle over their unauthorized home, built without planning permission in 2007. The couple's repeated attempts to block the demolition of their large residence, which spans approximately 6,220 sq ft, were ultimately unsuccessful.
The saga began when the Murrays constructed the house in defiance of planning laws. Despite knowing they needed permission, they hoped they could evade the consequences. However, the High Court granted a council application to strike out their case as frivolous, vexatious, and an abuse of process last year.
Three days before they were due to vacate the property, the Murrays issued a case against the council, claiming there was new evidence regarding land sterilisation agreements made by the previous owners of the land. The court, however, found this argument to be "perverse" in light of the couple's previous disregard for planning laws.
The opposition to the council's enforcement procedures was based on the Murrays' grievance with the refusal of their original planning application. However, this issue is not justiciable as a matter of law. The couple were given one year to vacate the property but did not comply, leading to contempt proceedings in 2019.
The council took proceedings under the Planning Act in 2007, and the Supreme Court upheld High Court orders for the Murrays to remove any unauthorised development from their land in 2017. The court concluded that the Murrays had not identified any error in the decision under appeal.
The contempt proceedings settled in 2020 on terms involving the Murrays agreeing to vacate the property within two years to facilitate the council demolishing it. The "so-called constitutional challenge" concerning the council's use of section 160 of the Planning and Development Act 2000 in its proceedings was unrelated to the new evidence.
The Murrays' legal battle serves as a stark reminder of the importance of adhering to planning regulations. Their breach was deemed "wilful" by the courts, and their appeals dismissed, marking a conclusive legal defeat with significant consequences for ignoring planning laws. The house, built in disregard for the law, now stands under a court order for demolition.
[1] Irish Times: Chris Murray and wife lose legal bid to prevent demolition of their large home [2] The Journal: Chris and Rose Murray lose legal bid to prevent demolition of their home [3] RTE News: Chris Murray and wife Rose lose legal bid to prevent demolition of home [4] The Irish Times: Chris Murray and wife Rose lose legal bid to prevent demolition of their large home
- The Murrays' prolonged legal struggle, as documented in various news outlets such as The Irish Times, The Journal, RTE News, and The Irish Times again, serves as a notable case study in policy-and-legislation concerning planning and construction, illuminating the severe consequences of defying planning laws in the realm of politics.
- Despite their repeated attempts to challenge the council's enforcement of planning laws through legal means, the Murrays' general-news worthy saga concludes with their defeat, highlighting the importance of adhering to policy-and-legislation in the construction sector.
