Developer fails in bid to prevent property inspection

Businessman and developer Jerry Beades yesterday failed to prevent Dublin City Council from inspecting a property he is building…

Businessman and developer Jerry Beades yesterday failed to prevent Dublin City Council from inspecting a property he is building on, following complaints about possible unauthorised development.

Mr Beades, who is also a peace commissioner, appealed a notice from the council requiring him to allow a planning inspector on to the site at 65 Clancy Road, Finglas, Dublin.

He claimed the council was conducting a campaign of harassment against him and had abused its power by failing to give him 14 days' notice of the inspection.

"This is prosecution number 15 in a McBrearty-style campaign by the local authority against me," he said.

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The council said the inspection was required in order to allow it investigate four complaints of alleged non-compliance with planning permission for the site.

Dublin District Court heard number 65 was an end-of-terrace house with a side entrance to a large rear garden, which had been further enlarged when Mr Beades bought an adjoining property.

There have been a number of planning applications for houses on the land and appeals against them by neighbouring residents who disputed ownership of the access road as well as the appropriateness and density of such development.

Mr Beades said other local authorities simply ask people for access for an inspection but the city council had obtained a warrant to enter his property by going to court "and telling lies".

He had been in court on numerous occasions with the council "and I am well known in the city", so it was not beyond them to contact him first before seeking a warrant.

"I am a peace commissioner and I sign warrants, so I know how important a function it is."

Following an adjournment to allow him discuss the matter with council officials and their legal representatives, he returned to court and said he had been "stonewalled".

Judge Patrick Clyne said he had viewed ordnance survey maps of the property and he was satisfied that number 65 included the curtilage (the area of land attached to the house) of the address.

"In my mind, strict procedures have been complied with," the judge said.

He suggested Mr Beades should deal with the matter in "a civilised manner" and gave the council liberty to serve notice of an inspection with three days', instead of 14 days', notice.

Mr Beades recently figured in a dispute with ACC Bank when he protested claiming the loss of title deeds connected with property deals.

ACC recently said it has now found the missing documents years after losing them.

At the time, May 2004, Mr Beades travelled to Utrecht to picket Rabobank's headquarters after its Irish subsidiary lost the deeds to properties worth €14 million.