Two people to answer charges over unauthorised developments on townland outside Ballinasloe

The parties were not present in Ballinasloe District Court this week for the hearing which then proceeded in their absence. At the end of the case, Judge King issued a bench warrant, saying that while the court was entitled to convict, he was not happy to proceed in the absence of the accused.

He said the court was also uncertain as to the extent of the court's powers when it comes to imposing penalties for non-compliance with an enforcement notice.

Galway County Council issued proceedings against the parties for failing to comply with the terms of an enforcement notice under the provisions of Section 154 of the Planning and Development Act.

The summons concerned unauthorised developments at the townland of Loonaghtan, Ballinamore Bridge, Ballinasloe, on November 12, 2024.

The unauthorised developments in question are seven 20ft storage containers; a 20ft office; unauthorised extensions of hard stand; unauthorised importation of fill and unauthorised storage compound.

At the start of the case, solicitor Gearoid Geraghty, said he was on record in the case, but his client was not present in court. He said his client was aware the case was on and he could not offer an explanation for his absence.

Judge King said the case could proceed and Anthony Burke, authorised officer with Galway County Council, told the court that in May 2024 a warning letter was issued regarding unauthorised structures on the site.

The court heard that Ivan Mullen responded by letter and stated he had to take measures at the site due to the flooding and as the structures had been constructed in excess of seven years ago, they were "immune from planning"

Mr Burke told Dermot Caslin, solicitor for Galway County Council, he carried out a site inspection on June 19, 2024 and noticed a large amount of development.

Mr Burke agreed with Mr Caslin that none of the unauthorised structures constructed within the last seven years, have planning permission.

An enforcement notice was issued which required the defendant to remove the structures within a certain time period and as of November 12, 2024, the structures remained in place, leading to the issuing of legal proceedings, the court heard.

The court was told that in November 2025, Galway County Council refused an application for retention permission for structures at the site and no further applications have been made.

Mr Caslin said the Council was seeking an order for compliance with the enforcement notice and the maximum penalties open to the court are a €5000 fine or six months in prison.

Mr Caslin said the council is seeking a conviction and a fine but not imprisonment and the most important outcome would be the order for compliance.

Judge King asked what the jurisdiction of the court was if there is non-compliance with the court order and Mr Caslin said he was aware of a different case in Clifden where the then-District Court Judge, Mary Fahy, imposed a five-day prison sentence for non-compliance.

Mr Caslin said Judge Fahy noted that it was the only time she had ever made such an order.

Judge King said he was satisfied he was entitled to convict and was told the parties have no convictions under the Planning and Development Act.

He issued a bench warrant, saying the court was not satisfied to proceed in the absence of the accused. He added the court was also uncertain of the extent of the court's power to impose penalty for non-compliance with an enforcement notice.

Judge King said the court has concerns and given the non-engagement of the accused, the court may impose a suspended prison sentence and a monetary fine.

Judge King said he was aware he was sitting in Loughrea District Court on April 27 and 28 and that may be a suitable date to resume the case.

Funded by Courts Reporting Scheme.