Meath couple face application for costs of demolition of illegally built home – The Irish Times

A couple whose illegally built home in Co Meath was demolished are now facing a legal application from Meath County Council to recover the costs of the demolition and associated legal fees.

Michael Murray, also known as Chris Murray, and his wife Rose appeared in the High Court on Monday. The hearing addressed the council’s costs application and the couple’s attempt to set aside contempt findings against them.

Judge David Nolan has directed that the costs application be handled by Judge Richard Humphreys. Judge Humphreys previously issued several orders in the case, including those that allowed the demolition of the five-bedroom Bohermeen house last March.

Contempt and Court Proceedings

A separate application by the couple’s solicitor, Neil McNelis, seeks to set aside the contempt findings made by Judge Humphreys. This matter is scheduled to be heard by Judge Nolan on June 30th.

The council contends the couple was in contempt of undertakings provided in 2020 to grant vacant possession of the property, which had a stay until September 2022. The Murrays deny these allegations.

During the proceedings, Mr. McNelis requested the digital audio recording (DAR) of the March 9th proceedings. The council’s barrister, Deirdre Hughes, opposed this, suggesting the request was a “treasure hunt” to revisit settled matters.

Judge Nolan granted the request for the DAR, noting it may influence who hears the substantive case. The couple is also seeking a declaration that their rights under Article 34 of the European Convention on Human Rights were breached.

Human Rights and Legal Stakes

A declaration regarding the breach of Article 34 could potentially lead to an invitation for the Attorney General to participate in the proceedings. Article 34 provides for the right of individuals to apply to the European Court of Human Rights (ECHR) over alleged violations of their rights.

The dispute centers on a luxury 588sq m house built in 2006 without planning permission. This followed a June 2006 refusal by the council for a home half that size.

The home was ultimately demolished in March following court orders that also required the site be restored to agricultural use.

ECHR Intervention

While the couple sought an urgent intervention from the ECHR to stall the demolition, the court rejected the application. Judge Humphreys had previously ruled that the ECHR application did not prevent the demolition works from proceeding.

The urgent intervention was sought before the ECHR decided on the admissibility of the couple’s substantive application for a hearing regarding their claims of human rights violations.

Frequently Asked Questions

How long did the legal battle over the house last?
The legal proceedings spanned two decades and involved 10 written judgments.

What was the size of the illegally built home?
The luxury house was 588sq m.

What happened to the property in March?
The house was fully demolished on foot of orders from the Irish courts, which also required the site to be restored to agricultural use.

How should the balance between property rights and planning laws be managed in long-term legal disputes?