A COMPANY formed by conservationist activists, which has lodged a planning appeal against the extension to Mr Michael Lowry's home in Tipperary, said the action was not motivated by "malice or party politics".
Lancefort Ltd's appeal to An Bord Pleanala follows the recent decision by Tipperary (North Riding) County Council to grant retrospective planning approval for the £208,000 extension to the house in Holycross. The extension to the home of the former Fine Gael minister was constructed without planning approval, and paid for by Mr Ben Dunne.
Lancefort Ltd's codirector, Mr Michael Smith, said the Holycross house appeal is aimed at "highlighting flaws" in planning legislation.
The company is also seeking a High Court challenge of An Bord Pleanala's decision last December to allow the Hilton Hotel to be built in College Green, Dublin.
Mr Smith, a committee member of the Dublin City Association of An Taisce, said the extension was so large that it deprived the building of its "original architectural integrity and charm".
In its letter of appeal, Lancefort Ltd has reserved the right to initiate proceedings against the owners of the house to have the extension demolished, unless Tipperary North Riding County Council initiates enforcement procedures for breach of planning legislation.
The letter requests that Bord Pleanala seek a declaration from the High Court as to the legality of the council's action in granting retention permission rather than seeking enforcement action.
Mr Smith said there were "far too many" cases of people applying for, and being granted, retrospective planning permission and this has led to "tremendous frustration" about the failure of local authorities to exercise their enforcement powers for breaches of planning legislation.
Mr Smith said Lancefort Ltd is "committed to taking high profile actions against unsustainable developments and highlighting flaws in the planning legislation.
"The law, in effect, allows you to build what you want with no risk of the local authority forcing you to take it down provided you seek belated retention permission."
Mr Smith said the message should go out to local authorities that "if they don't adopt a systematic approach to enforcement they will find that other people will take enforcement actions for them".