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29/07/2021

Man fined and ordered to pay €1,000 costs for food trailer planning enforcement order

The defendant failed to meet a previous costs order for €700

Bid to resume land auctions - Gavel to be dusted off as 17 acres in County Limerick comes to market

The man was fined and ordered to meet costs for a planning breach

A man who was before the court in relation to a Donegal County Council Planning Department enforcement for a farm shop has failed to meet an order to pay reduced costs. 

Dominic Brogan had been given the opportunity at a previous hearing to avoid a fine and conviction if he paid costs of €700. The prosecution costs order had been significantly mitigated from Donegal County Council’s request for €4,000.

At the court hearing in February, Judge Kevin Kilrane gave the defendant until June 28 to pay €700. He said that if the defendant did not pay the reduced costs, he would impose a fine and an order to pay full costs. 

Solicitor for Donegal County Council Kevin McElhinney told Monday’s court sitting that the money had not been paid. 

Defence solicitor Francis Gillespie said that his client did not have the means to pay, and that he had made a lot of effort to try and gather the money.

Judge Kilrane acknowledged Brogan’s financial difficulties. He imposed a fine of €100 and ordered costs of €1,000 to be paid within six months, saying the money could be paid by instalments. 

A related charge against the defendant’s wife Margaret Brogan was struck out.

They had both been served with an enforcement order in accordance with the Planning and Development Act 2000 on January 19, 2018. It related to an unauthorised development at Ardinawark, Barnesmore, namely a replica cottage on a trailer, from which the couple operated a farm shop. The shop was no longer in operation and the enforcement order related to a hard court area where it had been located. 

The February court sitting heard that all outstanding matters had been resolved except for costs. 

Mr Gillespie described the farm shop as a genuine attempt by his client to be entrepreneurial, an attempt that had backfired and cost him a lot of money.

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