18 Aug 2022

€500 fine for illegal apartment building in Thurles

Planning rules breached in Mitchel Street - enforcement notice served on couple

€500 fine for illegal apartment building  in Thurles

Thurles District Courthouse

A Thurles man and woman have been ordered to demolish an apartment building they constructed which breached planning rules.

Sean Fiachra Purcell and Dymphna Purcell, of Monadreen, Thurles, had applied for retention permission for a shed they built without permission, in Mitchel Street, Thurles, heard Judge Elizabeth MacGrath at Thurles district court.

They had extended this building to include a small apartment.

Given the small space available to other residents in the area, retention permission “could not be looked on favourably,” said solicitor Brian Hughes.

On June 12, 2020, and each day thereafter, the Purcells failed to take steps issued to them by an enforcement order made on December 13, 2019. The enforcement order directed them to cease development of the unauthorised structure in the rear yard of an existing complex in Mitchel Street.
They were ordered to remove the residential apartment in its entirety, to disconnect any water and wastewater systems, to remove all construction waste associated with the development, and to re-instate the approved plans.

Mr Purcell accepts that the apartment has to be demolished, said Mr Hughes. Judge MacGrath imposed a fine of €500 on Mr Purcell only, and ordered that legal costs of €1,638 be paid by him to Tipperary Co Council. He has eight months to pay.

Both parties were ordered to comply with the terms of an enforcement notice relating to the apartment within four months. If Mr Purcell fails to comply with the notice, there will be a daily fine thereafter, warned the judge. Mr Purcell’s own bond was fixed at €250.

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