Concerns over retention application

Concerns about an application for retention of an unauthorised developement beside The Hideout were expressed at the most recent meeting of Kilculen Community Action.

The development was carried out by James Browne more than two years ago. After complaints from townspeople, Kildare County Council found that Mr Browne's development was in breach of his permission on ten counts.

These include an excess height of approximately one metre, an unauthorised 'A' roof over a section of the building, unauthorised installation of six windows and a related relocation of a ventilations system, and an unauthorised screen wall on the second floor with four unauthorised access points.

The developer had earlier been forced to close up a number of unauthorised windows which had been opened out onto the forecourt of the Esso filling station beside the building. Concerns of the danger of explosion and fire had been raised by Esso and the operator of the filling station.

In November 2007, Mr Browne was issued with an Enforcement Order by KCC and told to rectify the situation. The Council had powers carry out the work itself if the developer failed to do so, including demolition of any unauthorised aspect, and recover subsequently from the developer any costs incurred.

In addition, failure by the developer to carry out the necessary rectifications as detailed on an Enforcement Notice could make him liable to penalties of up to almost 13m euros as well as possible imprisonment for up to two years.

It seems the Enforcement Order was never enforced by the Council.

Ladbrokes opened a betting shop on the ground floor, relocating from a smaller premises on the Milemill Road. The betting company was granted a separate planning permission for that business.

Now the developer has applied for retention of the disputed work. Any submissions on the application must be made by October 27. The Reference Number is 05/187.