High Court rejects ‘vexatious’ bid by couple to prevent demolition of Meath house built without planning permission – The Irish Times

The High Court will dismiss as “frivolous and vexatious” a couple’s case to prevent the demolition of their large house, which was built around 18 years ago without planning permission.

Plumber Chris Murray and his wife Rose have launched legal proceedings despite previously agreeing to vacate their 588sq m family home so it could be demolished in September 2022.

They argued that new information had come to light, meaning the court should overturn the agreement and previous court orders asking them to leave.

In May 2017, the Supreme Court upheld High Court orders for them to remove any unauthorized development on their land at Faughan Hill, Bohermeen, Navan, Co Meath. The Supreme Court gave them a year to vacate the property, which the court said was “deliberately constructed in flagrant violation of planning laws”.

This release order was not obeyed and Meath County Council filed a motion in March 2019 requesting that the Murray family be brought to court for allegedly defying a court order.

The motion did not proceed as the two sides reached a settlement agreement in September 2020, which involved Murray agreeing to vacate the property within two years to facilitate its demolition by the council.

Three days before the release period was due to expire, the Murray family issued a new case against Meath County Council. Their action sought a stay on High Court and Supreme Court injunctions and enforcement orders preventing the local authority from taking enforcement action.

They claimed there was new evidence related to land sterilization agreements entered into by the former owners of their land. They argued this and a recent High Court ruling invalidated the planning refusals for their home.

The board asked the court to dismiss the case.

The background was set in the judgment of Mr Justice Conor Dignam, who said he was “compelled to conclude” that the Murrays’ claim should be dismissed. He agreed with the board that it was frivolous, vexatious and an abuse of process.

He noted that judicial review proceedings challenging a planning decision must be brought within eight weeks of the decision, unless the High Court grants an extension based on an alleged council deliberately or fraudulently withholding information . The Murrays made no such challenge, the judge said as he dismissed their case.

The Murrays were refused planning permission in 2006 but went ahead with building a house considerably larger than the one they had sought permission for.

The council wrote to them in 2007 asking for the “unauthorised development” to be removed, prompting the Murrays to apply for permission to keep the building. The council and An Bord Pleanála refused this application and a subsequent application for permission to demolish parts of the house and keep the rest.

Meath County Council initiated enforcement proceedings in June 2007.

As part of their soon-to-be-dismissed case, the couple said they have re-applied for planning permission for their home.

Mr Justice Dignam noted the council and An Bord Pleanála dismissed the application before giving its decision. However, he was told the Murrays made a new planning application after this.