Man faces jail for failing to remove 'unauthorised' chalet from garden
A landowner who built an unauthorised chalet in a seaside garden pavilion at his home faced imprisonment yesterday for failing to comply with a court direction to remove it.
Barrister John Doherty, counsel for Fingal County Council, told the Circuit Civil Court that David Byrne, owner of "a substantial private residence" at Egansfield, Balcarrick Road, Donabate, Co Dublin, was deliberately using delaying tactics.
He said Mr Byrne had abandoned a High Court appeal of the Circuit Court order directing him to remove the chalet and a large mobile home from his garden.
The court heard that since the High Court action his client had been refused retention planning permission by Fingal County Council and he was currently appealing that decision to An Bord Pleanala.
Judge Joseph Mathews said he would adjourn the council's application for attachment and committal to prison until next Wednesday, when the court would consider accepting Mr Byrne's undertakings on the hand-over by him of €3,500 in unpaid expenses.