{"id":592826,"date":"2026-08-14T07:48:11","date_gmt":"2026-08-14T07:48:11","guid":{"rendered":"https:\/\/www.newsbeep.com\/ie\/592826\/"},"modified":"2026-08-14T07:48:11","modified_gmt":"2026-08-14T07:48:11","slug":"we-offered-them-free-to-the-state-29-homes-built-without-permission-to-be-razed-the-irish-times","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/ie\/592826\/","title":{"rendered":"\u2018We offered them free to the State\u2019: 29 homes built without permission to be razed \u2013 The Irish Times"},"content":{"rendered":"<p class=\"c-paragraph paywall \">The demolition of 29 modular homes built without planning permission near the Dublin-Wicklow border is set to begin on Monday. <\/p>\n<p class=\"c-paragraph paywall \">It follows a High Court <a href=\"https:\/\/www.irishtimes.com\/ireland\/2026\/06\/04\/twenty-nine-houses-built-without-planning-permission-must-be-removed-high-court-rules\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/ireland\/2026\/06\/04\/twenty-nine-houses-built-without-planning-permission-must-be-removed-high-court-rules\/\">ruling in June by Judge Richard Humphreys<\/a>, who said the development at Chianti Park, Raheen, was a \u201cparticularly egregious case\u201d of the disregard of planning law. <\/p>\n<p class=\"c-paragraph paywall \">Situated on Mount Seskin Road and close to Brittas and the <a href=\"https:\/\/www.irishtimes.com\/tags\/wicklow\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/wicklow\">Co Wicklow<\/a> border, Chianti Park was built in the late 1960s and acted as a trailer park site alongside an adjoining site, Hillsbrook. Around 10 residents are understood to be continuing to live at the back of both sites in mobile homes, chalets and trailers. <\/p>\n<p class=\"c-paragraph paywall \"><a href=\"https:\/\/www.irishtimes.com\/tags\/south-dublin-county-council\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/south-dublin-county-council\/\">South Dublin County Council<\/a> and local resident John O\u2019Neill brought applications in the Circuit Civil Court last year, claiming the development was unauthorised and that all units should be removed and the site restored.<\/p>\n<p class=\"c-paragraph paywall \">Their applications were opposed by the developer, Branach Developments Limited, and the site owners, Mullnassa Limited and Threshford Limited. The court found in favour of the council and O\u2019Neill, but the developer and site owners appealed this ruling to the High Court.<\/p>\n<p><img decoding=\"async\" data-chromatic=\"ignore\" alt=\"The developers and site owners told the High Court the development was exempted under planning law, but their argument was rejected. Photograph: Nick Bradshaw\" class=\"c-image\" loading=\"lazy\" src=\"https:\/\/www.newsbeep.com\/ie\/wp-content\/uploads\/2026\/08\/O3ZR2EBEDZARRBCWJLEUZJNRPE.JPG\"   width=\"800\" height=\"533\"\/>The developers and site owners told the High Court the development was exempted under planning law, but their argument was rejected. Photograph: Nick Bradshaw <\/p>\n<p class=\"c-paragraph paywall \">In court submissions, the developer and site owners argued it was an exempted development under the Planning and Development Act. <\/p>\n<p class=\"c-paragraph paywall \">Michael O\u2019Donnell, for the respondents, said the development fell within the exemption as it was consistent with the character and nature of the structures that were already on the site.<\/p>\n<p class=\"c-paragraph paywall \">The established use of the previous structures was residential use and the disputed works have not altered that use, he said.<\/p>\n<p class=\"c-paragraph paywall \">If the works were not consistent with the character of the existing development then that was \u201ca genuine mistake\u201d. It would be disproportionate to order their removal, he said.<\/p>\n<p class=\"c-paragraph paywall \">The High Court\u2019s ruling, published in June, showed two photographs: one showing a mobile home on the site, when it was previously used for mobile homes and chalets, and the second showing \u201ca completely different structure, a dwelling house\u201d.<\/p>\n<p class=\"c-paragraph paywall \">Any reasonable person \u201cwould plainly see that they are different structures\u201d, but the developer and owners adopted a \u201cnonsensical\u201d approach in arguing they were in essence the same structure and representing the 29 dwelling houses as \u201cmaintenance\/improvement\/alteration\u201d of the mobile homes, the judge said.<\/p>\n<p class=\"c-paragraph paywall \">On top of the \u201cnonsensical\u201d approach adopted, Humphreys said matters were not improved by the fact the unauthorised works occurred in a \u201chighly sensitive setting\u201d, zoned \u201chigh-amenity Dublin mountains\u201d in the South Dublin County Development Plan 2022-2028.<\/p>\n<p class=\"c-paragraph paywall \">Nor was the situation made better by the \u201calmost unbelievable chutzpah\u201d of the developers who even now claimed \u201cinnocent mistake\u201d even though they ignored or deflected warning letters and had intensified construction of the unauthorised development \u201cin the teeth of interventions\u201d from the council and residents and during the Circuit Court proceedings, he said.<\/p>\n<p class=\"c-paragraph paywall \">Developer Paddy Byrne, of Branach Developments, told The Irish Times his company was \u201csolely a contractor\u201d and had no involvement in the \u201cownership, legal status, proposed demolition or any related decisions concerning Chianti Park\u201d.<\/p>\n<p class=\"c-paragraph paywall \">Byrne said he was aware of Humphrey\u2019s judgment, but unaware of what the site owners intended to do. <\/p>\n<p class=\"c-paragraph paywall \">Branach Developments wrote to South Dublin county councillors last October, stating the site had suffered \u201cserious and deliberate attacks\u201d including four partly constructed homes subjected to attempted arson. <\/p>\n<p class=\"c-paragraph paywall \">\u201cWe are extremely concerned that these incidents coincide with the circulation of false and malicious rumours suggesting that Chianti Park is being developed as an <a href=\"https:\/\/www.irishtimes.com\/tags\/international-protection-accommodation-services-ipas\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/international-protection-accommodation-services-ipas\/\">IPAS<\/a> centre,\u201d the letter said. \u201cThis is entirely false.\u201d <\/p>\n<p class=\"c-paragraph paywall \">The company said the works were \u201cfully in line\u201d with the Minister for Housing\u2019s objectives under section 28 of the Planning and Development Act 2000, which \u201cdirect planning authorities to facilitate the renewal, upgrading, and replacement of existing residential units\u201d.<\/p>\n<p class=\"c-paragraph paywall \">The site owners, Richie and David McDermott of Mullnassa Limited and Threshford Limited, said they would be complying with the order from the courts. <\/p>\n<p class=\"c-paragraph paywall \">\u201cWe\u2019re going to do exactly what the courts asked us to do. The demolition starts next Monday [August 17th]. There will have to be preliminary work before the actual knocking down stage starts,\u201d they said. <\/p>\n<p class=\"c-paragraph paywall \">The McDermotts said they had offered the units to South Dublin County Council free of charge following the court case. <\/p>\n<p class=\"c-paragraph paywall \">\u201cWe were led to believe that what we were doing would be acceptable to the council. As we got into it, we realised it wasn\u2019t so,\u201d they said. <\/p>\n<p class=\"c-paragraph paywall \">\u201cWe\u2019re just disappointed that the houses couldn\u2019t have been taken over, really disappointed. We\u2019ve offered them free of charge to the State, to the council to take them. We accept we did something that was wrong, but it\u2019s crazy that they should be knocked down. <\/p>\n<p class=\"c-paragraph paywall \">\u201cWe would walk away from them and leave them there and let the council take them on and give them to homeless people or families. We would be quite happy for that to happen. <\/p>\n<p class=\"c-paragraph paywall \">\u201cWe accept we were wrong. We realised after all the arguments in court that we were wrong. We were told because there was a judgment on it by the courts, they [the council] wouldn\u2019t be interested in them. I just think it\u2019s terrible. I think the Minister or someone should jump in and say. \u2018Let\u2019s take them. We can use them for someone\u2019. They are two-bed A-rated houses.\u201d<\/p>\n<p class=\"c-paragraph paywall \">The McDermotts said they do not know what they would do with the site following the demolition of the modular units. <\/p>\n<p class=\"c-paragraph paywall \">The council said as it was an active case \u201cwe are unable to provide any comment at this time\u201d.<\/p>\n<p class=\"c-paragraph paywall \">Mayor of South Dublin County Council, Francis Timmons, said he and local residents welcomed the court\u2019s decision. <\/p>\n<p class=\"c-paragraph paywall \">\u201cMy own view is no unauthorised building should ever take place without the proper planning permission in place. No one should be above this,\u201d he said.<\/p>\n<p class=\"c-paragraph paywall \">The Department of Housing said it did not comment on individual planning cases and it was a matter for the relevant planning authority to consider the merits of any application proposed for a particular site or if enforcement proceedings were required in any individual case. <\/p>\n<p class=\"c-paragraph paywall \">\u201cThis is a matter in which the minister under section 30 of the 2000 Act shall not exercise any power or control in relation to any particular case with which a planning authority or the commission is or may be concerned,\u201d it said. <\/p>\n<p class=\"c-paragraph paywall \">Sinn F\u00e9in\u2019s housing spokesman <a href=\"https:\/\/www.irishtimes.com\/tags\/eoin-o-broin\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/eoin-o-broin\/\">Eoin \u00d3 Broin<\/a> said the court\u2019s decision was \u201cabsolutely right\u201d and said people could not be allowed to build \u201cwithout adequate zoning or planning permission\u201d.<\/p>\n<p class=\"c-paragraph paywall \">\u201cThe planning rules have to apply to everybody or they don\u2019t apply at all,\u201d he said. <\/p>\n<p class=\"c-paragraph paywall \">\u201cIt needs to send out a signal to builders and developers across the board. <\/p>\n<p class=\"c-paragraph paywall \">\u201cI think it\u2019s a really good thing that South Dublin County Council moved to prosecute or to seek court action quickly because we\u2019ve far too many cases where delays by local authorities who were reluctant to take enforcement action means that buildings are completed and then tenanted, which invariably creates huge problems from that point on. I think this is a good news story for our planning system, for our building control system.\u201d <\/p>\n<p class=\"c-paragraph paywall \">O\u2019Neill, who has lived across the road from Chianti Park for the last 35 years, said his family was also \u201chappy\u201d with the High Court judge\u2019s decision. <\/p>\n<p class=\"c-paragraph paywall \">\u201cI tried to secure planning permission on a six-acre site up the road for a house for my son, which was never granted, and they just came in here overnight and did what they want,\u201d he said. <\/p>\n<p class=\"c-paragraph paywall \">\u201cThe council knew nothing about what was going on up here until we brought it to their attention. There isn\u2019t the proper infrastructure up here to do that amount of homes; bus stops, sewage. It can\u2019t be one rule for one and a different rule for another. I hope they come and knock it down now.\u201d <\/p>\n","protected":false},"excerpt":{"rendered":"The demolition of 29 modular homes built without planning permission near the Dublin-Wicklow border is set to begin&hellip;\n","protected":false},"author":2,"featured_media":592827,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[13553,74908,73,3662,61,32652,60,43,2549,13357,7469],"class_list":["post-592826","post","type-post","status-publish","format-standard","has-post-thumbnail","category-ireland","tag-circuit-court","tag-eoin-o-broin","tag-high-court","tag-housing-crisis","tag-ie","tag-international-protection-accommodation-services-ipas","tag-ireland","tag-news","tag-planning-permission","tag-south-dublin-county-council","tag-wicklow"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts\/592826","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/comments?post=592826"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts\/592826\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/media\/592827"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/media?parent=592826"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/categories?post=592826"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/tags?post=592826"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}