Woman and son must remove shed, gate and vehicles from beside Arklow home

A woman and her son must remove a shed, a gate, vehicles and other materials from land beside their home because they are unauthorised developments, the High Court has ruled.

Ms Justice Margaret Heneghan rejected an appeal by Teresa Enright, and her son Michael Enright, over a Circuit Court decision in 2015 ordering the removal of the structures and material from the lands at Ballymoney, Arklow, Co Wicklow.

The judge rejected Ms Enright’s claims the shed was exempted development as it had been on the property since 2001.

She said the land, on the balance of probabilities, was being used for Mr Enright’s waste business.

Ms Enright claimed the only vehicles and materials there were related to Michael’s “Green Fingers” landscaping business.

The Enrights had also failed to satisfy the court the proceedings taken against them by Wicklow County Council were statute barred, she held.

The judge reaffirmed the Circuit Court order restraining them carrying on the unauthorised development and directing them to remove the gate, shed, vehicles and other materials.

The Enrights had claimed the shed had been simply upgraded and, while it was in front of the building line on the land, it was only marginally so.

The Council claimed it was a new structure and required planning permission.