Judge says property poses a ‘risk to human life and limb’

A property owner has consented to an order requiring him to immediately remove the occupants of an attic flat in a house and four mobile homes at its rear due to fire safety concerns.

The High Court heard the house at Carrickduff, Bunclody had been converted into three self-contained flats.

The property is owned by Michael James Stamp, of Cashel, Bunclody who said in a letter to Carlow County Council last month that there were some 25 people, including 10 children and two pregnant women, residing in the property and mobile homes.

On consent of the council and the owner, Mr Justice Seamus Noonan made an order on Thursday preventing Mr Stamp using either a converted attic flat in the property or the mobile homes for residential purposes. The order applies with immediate effect. Mr Stamp also agreed to complete specified fire safety works.

Conleth Bradley SC, with Karen Denning BL, had earlier told the judge that due to fire safety concerns arising from a number of inspections of the property since December last, the council was seeking to have the premises and mobile homes vacated.

Not done

A notice was issued in December requiring fire safety works to be carried out within 30 days but those were not done, he said. Mr Stamp’s solicitors were also informed by letter on February 15th last, that if the premises and mobile homes were not vacated by February 19th, there would be a court application.

On February 19th, the council received a letter stating Mr Stamp was willing to comply with the law and work with the council to resolve the issues without the need for court proceedings.

Further inspections indicated the attic flat and mobile homes were still occupied after February 19th, court documents state.

The judge directed that Mr Stamp be told the court would deal with the matter on Thursday afternoon. The case resumed at 3pm when Mr Bradley said Mr Stamp was represented by Rory Kennedy BL and the sides had agreed the consent order.

Mr Bradley also sought the council’s costs of the application but Mr Kennedy resisted that, saying the court should take into account his client’s bona fides and agreement to complete the works.

Mr Justice Noonan said the authority had no option, and was “well justified”, coming to court as there clearly was a “very serious risk to human life and limb”, including to children.

Sufficient notice

Mr Stamp was given sufficient notice of the authority’s concerns and was aware a court application was liable to be made, he said.

He ruled the council was entitled to its costs but stayed the costs order for three months, saying that would hopefully allow breathing space for compliance with the works Mr Stamp had agreed to complete.

Earlier, the judge heard the three self-contained flats have a common escape route. The two bedrooms in the attic flat, which is accessed by a single staircase, were regarded as inner rooms, a room from which escape is possible only by passing through an access room, Mr Bradley said.

A room whose only escape route is through another room is at risk if a fire starts in that other room and an inner room should not be used as a bedroom, he said.

There were also concerns about the adequacy of fire doors and seals and a fire detection alarm system was found to be in an inoperable state, the court heard.

Other concerns included the proximity of the mobile homes to each other and site safety due to the use of portable heaters and gas cylinders.

In court documents, it was also stated the council’s planning enforcement section had received an email on January 28th from James Browne TD concerning an enforcement order against Mr Stamp for erection of four mobile homes at Carrigduff, Bunclody.

The email said Mr Stamp is applying for retention of the mobile homes “within the next week and added: “I hope this changes the position for Mr Stamp”.