Conviction upheld over unauthorised house demolition

A CO Clare woman told a court yesterday she has had “four horrible years” since a developer demolished a house beside her home without authorisation.

At Ennis Circuit Court, Kathleen Reddan of Main Street, Sixmilebridge, said that since Patrick Costelloe demolished the terraced home beside her home, “it has been very, very damp, very, very cold.

“I have suffered increased stress. It has been dreadful.”

In court, Mr Costelloe, of Shannon Road, Sixmilebridge, was appealing two District Court convictions for failing to comply with enforcement orders served on him by Clare County Council.

In two separate cases, the District Court imposed fines totalling €3,500, and awarded costs against him of €4,300.

Solicitor for the council, Rachel Dobson, told the court that “nothing has been done” by Mr Costelloe to rebuild the house since it was demolished in August 2006, adding that he was the developer of an adjacent site containing 18 houses in Sixmilebridge.

Counsel for Mr Costelloe, Elaine Houlihan, told the court Ms Reddan had received “a sizeable sum” as part of a High Court settlement reached over the demolition.

Ms Reddan confirmed that she had received a sum of money from Maxfern Ltd’s insurers as part of the settlement, adding “hopefully, it will cover the cost of fixing my home”.

Ms Houlihan confirmed that Mr Costello is a director of Maxfern Ltd, which is in liquidation, but that the council had erred in issuing the enforcement notice against Mr Costelloe personally and not as a director of Maxfern Ltd.

Ms Reddan said she was away in Kerry in August 29th, 2006, when she received a phone call to say the adjacent house had been demolished.

Ms Reddan said she returned home immediately and met Mr Costelloe, who admitted to her that he had demolished the house.

Ms Reddan said: “Mr Costelloe told me that it was an accident.”

In the Circuit Court yesterday, Mr Costelloe said he had demolished the house because he was advised to do so by his engineer and the Health and Safety Authority (HSA), as the house had been made unsafe by adjacent works.

He said: “It wasn’t intentionally demolished. It was an accident.”

Mr Costelloe said he hadn’t been able to reinstate the house “because I lost everything.

“I lost my business, and if I could’ve reinstated the house, I would have. I’ve no money, I’m broke.”

Mr Costelloe (43), also stated that he was suffering from health problems, having had two heart attacks at about the time the council served the warning letter and enforcement notice.

Ms Houlihan said Mr Costelloe took all reasonable steps to comply with the enforcement notice.

In his ruling upholding the District Court convictions, Judge James O’Donohoe said Mr Costelloe had used the corporate veil as a defence, but added “this case is unfortunately about credibility, and Ms Reddan was categorical in saying that Mr Costelloe admitted to knocking the house”.

Ms Dobson said the costs of €4,300 did not include the costs of the Circuit Court case. Judge O’Donohoe said Mr Costelloe would be liable for costs in the District Court and Circuit Court.

Judge O’Donohoe adjourned sentencing in the case to allow Mr Costelloe to find out whether there was some prospect of the house being reinstated.