Limerick businessman accused of making over 150 planning complaints against Supermac's

A LIMERICK businessman has been accused of making more than 150 planning complaints against fast food giant Supermac’s.

The claim was made by a lawyer representing the company which is being prosecuted by Limerick City and County Council over signage at the well-known Funworld premises in Limerick city.

The court proceedings are the culmination of a long-running dispute arising from the installation of an illuminated 3D sign at the premises on the Ennis Road, close to TUS Gaelic Grounds.

At Limerick District Court, Judge Peter White was told the prosecution relates to one of three signs on the front façade of the premises.

Giving evidence, executive engineer Sean McGrath said he first inspected the premises on October 4, 2022 – a number of weeks after a complaint was received in relation to all three signs.

He said a warning letter was subsequently issued in November 2022 advising Supermac’s of a possible breach of planning regulations.

Mr McGrath said during a follow-up inspection on March 6, 2023, he noticed the ‘Funworld’ sign over the main entrance had been removed and replaced with a 3D sign which was also illuminated.

He told solicitor Will Leahy, representing the local authority, the premises has planning permission – dating back to 1994 – for plain signage but that the new sign is ‘not in compliance’ with the Limerick Development Plan.

Cross-examining the witness, barrister James Charity suggested the original warning letter was “ambiguous” asking: “With this letter, how would I know which sign?”

Mr Charity noted there is other signage at the front of the premises, at least two of which belong to a tenant of Supermac’s – The Hungry Lyons.

He then asked how the letter distinguished those signs from the three which were the subject of the complaint. Mr McGrath replied that the letter “was addressed to Supermac’s”.

The barrister put it to the witness that businessman John Lyons who owns and operates the Hungry Lyons restaurant had made the complaint “along with 150 more across the country”.

At this point Mr Leahy interjected saying all complaints received by the local authority are confidential.

Mr Charity then criticised the enforcement notice, which was issued by the council in April 2023. He said it was vague and did not contain any specific information or particulars. “How is anyone meant to comply with that enforcement notice when it’s so vague?”

Responding to the submission, Mr Leahy told Judge White that after the court summons was issued, submissions were made (to the council) on behalf of Supermac’s.

Mr Leahy confirmed that arising from those submissions the council decided to discontinue the proceedings relating to two of the three signs, under the ‘seven-year-rule’.

“Supermac’s acknowledged the signs referred to, so they knew which sign (was unauthorised),” he said, arguing that “nullifies” Mr Charity’s point.

However, the barrister said he was not aware of and had not seen the correspondence referred to and that Mr Leahy’s submission was “gravely prejudicial”.

As the exchanges continued, Judge White noted the council had not formally closed its case adding that he was anxious to move the case forward.

He commented that a directive to “remove all unauthorised signage may not be vague” in certain circumstances and that he would expect a commercial entity, such as Supermac’s to engage with the planning authority.

The case was adjourned for further submissions.

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Limerick businessman accused of making over 150 planning complaints against Supermac’s

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