High Court orders 75-year-old woman to return Cork land to its state before ‘clearly unauthorized’ development

The High Court has ordered a 75-year-old woman to remove walls, gates and foundations erected on her Co Cork land in “complete disregard of planning legislation”.

Cork County Council launched enforcement proceedings against Margaret Murphy senior (75) and Margaret Murphy junior, believed to be her daughter, alleging that the elder of the two became the owner of a site in Glashaboy South, Carrignavar, at the beginning of this year.

He stated that no planning permission exists nor has been sought for the development taking place on the land, which is “clearly unauthorized”.

The council alleged that the development includes a large boundary wall about two meters high, the removal of an earthen embankment, the leveling and placement of rocks across the site and the construction of gates.

On Monday, Judge Richard Humphreys rejected an application by Murphy senior’s lawyers to adjourn the council’s application on a number of grounds, including considering his position with the benefit of legal advice.

He was not present in court, but his lawyer presented a letter from his GP to the court stating that he has mobility problems and needs a crutch. She was also looking to apply for permission to retain the development, the lawyer said.

Judge Humphreys said he was given sufficient notice of his previous temporary orders preventing further work. He said his mobility issues should not prevent him from properly instructing his legal team or participating in the case against him, neither of which he has done.

The judge said that, on the evidence before him, he was satisfied that the council met the preconditions allowing it to make final orders under section 160 of the Planning and Development Act.

Work was carried out on the site “in complete disregard of planning legislation”, he said, adding that “the best thing mother and daughter can do now” is to comply.

FINAL ORDERS

He granted the final orders sought by Cork County Council through his solicitors Esmonde Keane SC and Peter McKenna, instructed by his solicitor Patricia Murphy.

His orders prevent the mother, daughter, both with an address in Ardcullen, Hollyhill, Co Cork, and anyone else with knowledge of the order from building a border wall, pouring concrete or pouring concrete on the land.

His orders also give Ms Murphy Sr four weeks, backdated to begin April 23, to restore the site to its previous condition. This includes the requirement to remove walls, entryway, doorway and all hard materials. Her orders also tell him to reseed the site.

The local authority alleged it received a complaint last January about unauthorized development allegedly taking place at the Glashaboy South site believed to belong to Ms Murphy senior.

The council’s chief planner, Thomas Watt, said in an affidavit that the development has caused “a lot of upset” locally and that the council considered it a “flagrant breach of the large-scale planning regime”.

He said he visited the site in early March and spoke to one of the three men present, who claimed he was building a block wall but did not own the land.

A month later, he said, he drove by and noted that “significant development work” had been carried out, including concrete block work and land grading.

The site is located in the protection zone of a special conservation area of ​​salt marshes and sand flats, while it is also about 100 meters from the Glashaboy River, which connects with the conservation area and the Port of Cork, he said.

The proximity to the river raises concerns about a possible impact on water quality, he said.

The site was previously used for agricultural purposes and is in a zoning area intended to protect agricultural infrastructure and productivity, Watt added.