A HIGH Court judge has warned a Co Kildare man he faces jail for contempt unless he takes steps to remove 300 metres of road which was constructed without planning permission.
Mr Justice John Quirke told Leo Price yesterday he will be jailed unless he complies with a six-year-old court order to remove a road built on lands at Feighcullen, Rathangan, Co Kildare.
Kildare County Council brought the committal proceedings after alleging “nothing has been done” by Mr Price since the 2004 order. The road, which has no planning permission, was built to provide access to 16 sites for housing.
The council argued that while the land had been transferred to another party since the order was made, it was owned by Mr Price in 2004 and he retains a right of way over the land. The High Court had in 2006 dismissed an application to vacate the 2004 order.
Cormac Ó Dúlacháin, for Mr Price, Boston Common, Feighcullen, said his client could not remove the road as he no longer owns the land. Counsel argued that, given the lapse of time, the court did not have jurisdiction to find Mr Price in contempt.
Mr Justice Quirke said he was satisfied he did have such jurisdiction. He was prepared to jail Mr Price for being “flagrantly” in contempt, but would adjourn for one week to allow Mr Price to outline what steps he would take to comply with the 2004 order.