Moves by Kerry County Council to demolish a new bungalow in a scenic area were the subject of a court hearing yesterday.
The judge agreed to refer the controversial planning case to the Supreme Court on a point of law.
At Tralee Circuit Court, Judge Harvey Kenny adjourned an application by the council to demolish the house on the Kenmare to Bantry road, until the Supreme Court decides from when exactly planning permission obtained under a Section 4 motion is valid.
Mr Kevin Lovett, of Gortrooskagh, Bonane, Kenmare, never had planning permission for his dormer home on an elevated position adjacent to the main road, Mr Henry Downing, barrister for the council, said. He continued to build even when refused planning by both An Bord Pleanβla, and Kerry County Council.
However, counsel for Lovett, Mr David Sutton, said his client was entitled to start building his house once 30 days had elapsed after a Section 4 motion at a meeting of Kerry County Council was unanimously passed by councillors on June 19th, 2000.
Mrs Sheila Lovett said she was advised by Cllr Michael Healy-Rae to tell her son "to carry on with his business".
If he finished the house and moved in the council was unlikely to tell him to knock it, Mr Healy-Rae is alleged to have advised Mrs Lovett. "My dear decent girl, did you ever hear of a house being knocked? Once he finishes his house and moves in, there will be no problem."
Mr Jackie Healy-Rae, too, had advised her that Kevin should "carry on with the job" once the 30 days was up from the date of the council meeting and a commencement letter had been submitted, Mrs Lovett claimed in her affidavit signed on November 26th.