'Cart before the horse' - Limerick man in court over unauthorised timber-cutting business

A COUNTY Limerick man who was running a timber-cutting business from his home without permission has ceased the unauthorised activity, a court has heard.

Thomas McMahon, who has an address at Daly's Cross, Castleconnell, was prosecuted by the local authority over his failure to comply with an enforcement notice, directing him to cease the cutting of and sale of timber blocks at his property.

The notice, under the Planning Act, was served on the defendant in January 2020 and in court solicitor Will Leahy described the prosecution as a "long standing saga".

Solicitor Tom Kiely confirmed his client, who was not present in court, was pleading guilty to the offence and wished to have the matter finalised. 

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Outlining the facts, Mr Leahy told Judge John King that when local authority inspectors visited the site, they observed a number of sheds where the accused had custom machinery and bags of cut timber.

Following the inspection, Mr McMahon was advised to stop cutting and selling the timber which was described as a "commercial operation". 

An enforcement notice was subsequently served on the defendant, directing him to cease his businesses activities and to remove the associated tools and machinery from the property.

Judge King was told the matter has been before the courts on several occasions since and that Mr McMahon has "ceased his business on the site".

Mr Leahy told Judge King the only outstanding issue was the costs of the local authority which totalled €5,541.30

When asked about Mr McMahon's circumstances, Mr Kiely told the court he is a single man on social welfare who "put the cart in front of the horse" when it came to setting up his business prior to securing the proper planning permission.

While he did submit a planning application, permission was refused and Mr Kiely said his client had incurred considerable costs associated with the failed application.

He also outlined how Mr McMahon had "spent a significant amount of money setting up a business that he ultimately had to close."

Noting that Mr McMahon has addressed the issues and is no longer operating the business from his home, Judge King adjourned the matter until next May to allow him to discharge the costs of Limerick City and County Council.

If the costs are paid in full, he indicated he will apply the Probation Act.