Oireachtas Joint and Select Committees

Thursday, 9 December 2021

Committee on Public Petitions

Consideration of Public Petitions on Unauthorised Developments

Mr. Michael Barrett:

They gave me no reason. I brought it to their attention in 2012, which was well within the seven-year Statute of Limitations on unauthorised developments. It took them a further four and a half years to bring the case to court, which was in 2016. That case was dismissed on technical grounds relating to the wording of the summons. They described the southern end of the marina as a slip but it is clearly moorings and a quayside. The judge told the authorities that they could reapply but that the summons was not correct on technical grounds.

In 2014, during that process, the Portaneena marina made a request to the council as a result of an enforcement order for an extension of one month to allow it to remove the unauthorised structures. The family that owned the marina confirmed that the unauthorised structures and jetties would be removed by the end of November of that year should permission be granted. I am showing the relevant document now. Westmeath County Council granted one month's extension. Eight or nine years later, the development is still there and nothing has been done about it. Despite entering into a written agreement with the council to remove what the family themselves described as unauthorised jetties, nothing has happened and the council has made no effort to make anything happen.

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