A Gaoth Dobhair man, previously described as being of a ‘free man philosophy’ who didn’t acknowledge planning laws, has been brought back before court for failing to comply with an enforcement notice.
In 2015, the enforcement notice was issued against Denis McGee at Dungloe District Court, relating to an unauthorised development.
McGee had constructed a large shed to the rear of his home at Brinlack Lower, Gweedore to restore vintage cars. In 2015, he was ordered to demolish the shed to preserve scenery and he was convicted of failing to comply with the notice in April 2016.
McGee was ordered to remove the shed, containers and disused vehicles within three months. At the time, the court heard that two boats, a large steel container, a lorry container, scrap and a mini-digger were among the items on his property.
The court heard that the shed, 200m from the sea, was of some 60sq m when it was not to exceed 25sq m.
When the case was before the court in 2016, Killian Smith, an executive planner with Donegal County Council, said: “Mr McGee said he didn’t stand under the law. He has a free man philosophy.” He said the defendant did not acknowledge planning laws.
The matter was back before Falcarragh District Court this week.
McGee has been charged that he did continue the offence under Section 154 (8) of the Planning and Development Act 2000 of failing to comply with the requirements of an Enforcement Notice dated January 21, 2015, relating to unauthorised development and the said requirements detailed in the Third Schedule to the said Notice after the conviction recorded against him at the sittings of Dungloe District Court on April 12, 2016 for the said offence and he did thereby commit a further offence contrary to Section 156 (2) of the Act.
Solicitor for Donegal County Council, Mr Kevin McElhinney, said that one vehicle and ‘some scrap’ had been removed.
“It is extremely slow progress,” Mr McElhinney said, adding that it was his belief that there are still 12 vehicles, a horse box, a trailer and what were described as ‘decayed machines’ on the site.
Mr Michael Gillespie, representing McGee, said his client has only taken legal advice in recent months and is trying to address the matter.
Mr Gillespie told the court that two vehicles have been removed. He said McGee is trying to dismantle some machine to get them in a condition to be removed.
A small excavator had broken down, he said, and asked the court to give him some more time to address things.
Judge Éiteáin Cunningham asked if McGee realised the seriousness of the situation as the implications had previously been set out.
Mr Gillespie said there are ‘certain aspects that are questionable’ in the case.
Judge Cunningham said that matters have ‘already been determined in the case’, telling Mr Gillespie that a prosecution had been brought by the Council and a hearing heard on the matter.
“I want to be satisfied that everyone understands that the court has a role and the court cannot stray beyond that,” Judge Cunningham said. “The court deems this to be a very serious matter and it has been back here on a number of occasions.
“The court found the facts proven and we are now several years on so I don’t want to revisit all of that,”
Judge Cunningham said she was satisfied that some efforts had been made and hoped it was an indication. Judge Cunningham said there would be implications should the court order be ignored
Judge Cunningham said: “I do want him to understand the seriousness of the situation. I would urge your client to do as much as he can on the removal of items in accordance with the order that is in existence.”
The matter was adjourned until October 10 next.