Irish Homeowner Faces Demolition Order Despite Following Council Guidance

Sutton, Co. Dublin – A 73-year-traditional Dublin homeowner, Philip Farrelly, is facing the potential demolition of a recently constructed extension to his Victorian home after a Circuit Court judge declared it an unauthorized development. Farrelly is appealing the decision to the High Court, arguing he followed the guidance of Fingal County Council throughout the building process.

The Dispute Over the Extension

Farrelly, who retired after running businesses providing consultancy services, built a glass-fronted double extension at the rear of his Burrow Road property. The extension, costing approximately €300,000, was intended to provide a living space for him and his wife, while his son and daughter-in-law reside in the main house. He believed the development was exempt from planning permission.

Fingal County Council issued an enforcement order in March 2020, demanding the removal of the extension within four months. Legal action was initiated four years later due to non-compliance. Earlier this month, Judge John O’Connor ordered the demolition within eight months, a decision Farrelly is now challenging in the High Court.

“I Followed the Rules”

Farrelly maintains he acted in good faith, stating he consistently sought and followed the advice of Fingal County Council officials. He claims he was informed during multiple inspections that the development was exempt. “Every time they asked us for plans, we gave them,” he said, adding that he facilitated inspections “every time.” He expressed disbelief that the council changed its position in 2020.

“If there is an impression out there that I was trying to bully my way through the system, trying to evade or bypass the system, I wasn’t,” Farrelly stated. He fears the financial burden of demolition, estimating costs could reach €300,000, a sum he says he cannot afford. He also expressed concern about the impact on his family, stating, “I’m almost 74, and I’m facing a long discussion here about which of us moves out.”

A Case Echoing Recent Controversy

Farrelly acknowledged the recent demolition of an illegally built house in Bohermeen, Co. Meath, stating he found the situation “raw” and difficult to contemplate. However, he emphasized that his case differs, as he believes he consistently adhered to council directives.

Council Response

Fingal County Council declined to comment on the specifics of Farrelly’s claims, citing the ongoing legal proceedings. A spokesman stated, “As the matter remains before the courts, Fingal County Council has no further comment to make.”

Farrelly’s Future

Farrelly expressed his hope for a positive outcome in the High Court but acknowledged his anxieties. “How can I be hopeful after following the rules as I saw them?” he asked. When questioned about demolishing the extension if his appeal fails, he stated, “I don’t envisage lying on the street. I don’t envisage lying in front of bulldozers. I can’t believe that Ireland will do that to me. I simply can’t.”