Stunning view but planning for house refused a third time
Chris Donegan • Published 16 Feb 2012 13:00
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The house has a beautiful setting but it doesn't have planning permission and the bulldozers are scheduled to knock it down.
The Department of Environment is to resume legal action to have a £95,000 house demolished.
The one-and-a-half storey dwelling overlooking Upper Lough Macnean at Mullanshellistragh, between Belcoo and Garrison, was built without planning permission.
There was planning permission for a house in the area but at a different location.
The house that was built has been refused retrospective planning approval on two occasions and those refusals have been appealed to the Planning Appeals Commission. The Commission has rejected the appeals, indicating that the Department was right to refuse planning permission.
The house has also been at the centre of a long-running legal battle at Fermanagh Court.
Last October Environment Minister Alex Attwood intervened in the case and said his Department would consider, without prejudice, a fresh planning application and suspend legal action in the meantime.
However, a Department spokesman said the new application was presented to Fermanagh District Council on January 19, with the Planning Service recommending it be refused.
"The refusal notice was issued January 23, 2012," the spokesman stated.
"Given that the decision notice has been issued the Department will continue with the enforcement case," he added.
The house is owned by Gerard Rasdale, of Cavancarragh, Belcoo. He has been served with an Enforcement Notice requiring him to demolish the house and return the site to its natural state. Failure to do so can result in him being fined up to £30,000.
The Department's solicitor, Mr. Ken Duncan, told a court hearing in November 2009 that in 1998, planning permission was granted for a "completely different house in a different location".
The one that was built was further back up a hill and instead of facing east, on to a lane, faced south, on to Upper Lough Macnean.
Mr. Duncan said it first came to the attention of the planners in 2006 and warning letters were issued.
An Enforcement Notice requiring the house to be knocked down was served in June 2007.
The case went to the Planning Appeals Commission but in November 2008 the appeal was rejected and the Enforcement Notice took effect, giving the owner three months to demolish the property and return the site to its natural state.
That deadline passed and by March 2009 the property had still not been removed. In August 2009 the owner submitted a retrospective planning application for the house. It was also refused.
In September 2009 the owner went back to the Planning Appeals Commission to appeal against Planning Service's refusal to grant retrospective permission for the house.
The Commission ruled against the owner for a second time, turning down the appeal.
It has now been refused planning approval on three occasions.
The Department spokesman said no date has yet been set for bringing the case back to court.
This article appeared in Impartial Reporter 16 Feb 12
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