Court overturns order to demolish 52 holiday homes
Sunday December 14 2008
A DEVELOPER who was ordered to demolish 52 holiday homes near the Rock of Cashel because they did not comply with planning permission has won his legal battle to retain them.
Liam Campion was brought to court by South Tipperary Co Council for failing to comply with an enforcement order to demolish the €25m housing development. The case against him was dismissed by Cashel District Court last week because the council could not prove its case.
Mr Campion, who denied breaching planning rules, is now expected to pursue a compensation claim for tens of millions against the council.
As the legal row over the holiday homes in the sensitive beauty spot has rolled on for more than a year, the value of the development has plummeted.
"The delay caused by the enforcement notices and the hearing of the district court proceedings has frozen the development to the point that it may not now be possible to rescue it," said Mr Campion this weekend.
"This could deprive the Cashel area of a valuable tourist amenity as well as exposing me personally to enormous losses. While I am deeply satisfied with the outcome of the proceedings, I am appalled at the damage which has been done to me."
Mr Campion, who is based in Co Laois, got planning permission in 2004 to build a 120-bedroom hotel, an international trade centre and 52 holiday homes on an elevated site at Ballypadeen outside Cashel.
Work on the houses started in August 2006 and the site was inspected by officials at the time.
In March last year, just as he had finished building the holiday homes, planning officials inspected the site and found they did not comply with planning permission.
Planning officials stopped the development in May and served Mr Campion with an enforcement order to stop works and to demolish all 52 houses within a month.
The council started legal proceedings at Tipperary District Court which concluded last week.
The case against Mr Campion was dismissed. He was later awarded his costs.
In a statement this weekend, Liam Campion said that he had always maintained the houses were built in accordance with planning permission. "I contested the enforcement proceedings in the District Court over nine days of hearing before Judge Angela Ni Conduin who on December 9, 2008, dismissed the charges and on December 11 awarded me my costs," he said.
"South Tipperary Co Council, through various officials, made numerous statements to the media subsequent to the service of enforcement notices concerning this development or part of which the very clear impression was given that I had built 52 houses in breach of planning permission.
"These statements were extremely damaging to my reputation."
Tom Ambrose, a Fianna Fail councillor and chairman of South Tipperary Co Council, said the council was "unhappy" at the outcome of the case.
- MAEVE SHEEHAN
