Builder who tore down his semi-d is now facing court
A BUILDER who tore down his semi-detached house, leaving his neighbour’s internal wall exposed, is due in court later this month for breaching Dublin City Council enforcement orders.
Concerned neighbour Una Gildea has also revealed that she has begun the process of taking a civil case against Brian Morrow, a former quantity surveyor.
While he failed to comply with two orders issued by the council last year, Mr Morrow has now almost completed his development at 18 O’Donovan Road, Dublin 8.
Ms Gildea argues that Mr Morrow’s decision to tear down his property, which breached the planning permission given to him, may have compromised the integrity of her adjoining property.
But Mr Morrow has insisted he has dealt with any structural integrity issues with his neighbour’s house.
In September 2018, Mr Morrow was issued two notices by the council requiring the reinstatement of the front elevation and the completion of all other aspects of the development in accordance with the granted planning permission. These orders were to be complied with by November 26, 2018, and January 28, 2019, respectively. As he did not complete the orders within the timeframe, he is due before the District Court at the end of this month. The enforcement orders only asked that Mr Morrow complete his development in accordance with his plans by a certain deadline, which Ms Gildea believes is unfair as he was simply obliged to continue to build the property without disciplinary action.
‘One thing I just do not understand is why Dublin City Council did not shut down the site immediately once I reported the fact that the house beside mine was being demolished,’ she said.
‘Being told to send in an email when I have just rung, in tears, telling them that a digger the size of my house was wrecking the property next door to mine is just unbelievable. Yes, there was an enforcement order issued and yes, the council have issued court proceedings, but so what? The point is that he did something illegal and it was not stopped right away.
‘Also the permission he was granted was based on a “rebuild”, meaning that parts of the original house were incorporated into the “new” plans. So once this original house was demolished, how can those submitted plans still be valid? It is now a complete “new build” and not a “rebuild”.
‘Surely this should mean that new plans should have been submitted to the council? And given that this did not happen, does he not now have to apply for retention planning? Is it not now an unauthorised build?’
Ms Gildea maintains Mr Morrow’s development has caused severe damage to her home: ‘The houses were built as one, on a steel frame. When the house next door was demolished this frame was essentially cut in half, compromising the structural integrity of my home.
‘Morrow and his engineer have constantly rejected this. Down the line, though, I don’t know what could still happen to my home.
‘Cracking has occurred to the gable of my house, but Morrow continues to deny all allegations of damage. This is why I have been left with no option but to take a civil case. At the moment we are still in the letter-writing stage of proceedings.’
Mr Morrow maintains he is now in full compliance with the enforcement order and has attempted to address Ms Gildea’s concerns over her home’s structural integrity.
He told this newspaper when contacted: ‘I have continually liaised with Dublin City Council since receipt of the enforcement notice and, following my procurement of a replacement builder, the works have now been completed in accordance with the council’s requirements and the enforcement notice has been complied with.’