A Clare businessman has been sentenced to three months in jail after failing to comply with a court order to demolish an oil storage depot built without planning permission.
At Kilrush District Court, Judge Joseph Mangan imposed the sentence on Oliver Marrinan, Henry Street, Kilrush, after he had failed to comply with the order to demolish the depot at Moyasta in west Clare. Mr Marrinan is on bail pending the outcome of an appeal to Kilrush Circuit Court.
At the court in October 2003, Mr Marrinan was fined €1,500 and given a suspended sentence of three months after failing to comply with a Council Enforcement Notice to remove the unauthorised oil depot and to cease business there.
The prison term was to be activated if Mr Marrinan did not remove the depot in seven days.
Mr Marrinan appealed the decision to Ennis Circuit Court in February 2004 where the order was affirmed with one exception - that Mr Marrinan would be given three months to remove the structure, otherwise the prison term would be activated.
But he did not remove the unauthorised structure and the council initiated a fresh prosecution.
Solicitor for Mr Marrinan Michael Ryan told the court his client had removed the tankers, rendering the facility inoperable.
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