Judge Tom O'Donnell noted the portacabin had not been removed - in breach of the enforcement notice
A CAR dealer has failed in his appeal against his conviction for breaching planning regulations.
Limerick City and County Council initiated court proceedings against Mike O’Dwyer last summer over his failure to comply with the terms of an enforcement notice.
During a lengthy hearing last June, Limerick District Court was told the notice, which relates to a commercial unit on the Dock Road, required Mr Dwyer to remove all display ramps and cars from public areas of the business park including car parking spaces.
Solicitor Will Leahy, representing the local authority, said the defendant had entered a lease agreement with a third party allowing him to use Unit 4 at Corcanree Business Park.
It is the council position that Mr O’Dwyer, who previously operated out of a different unit at the business park, does not have any permission to sell cars from the car park.
Following a two day circuit court appeal against the conviction, Judge Tom O’Donnell said there was some complexity to the matter and he commented that there had been some “ducking and diving” on the part of Mr O’Dwyer and a related company.
He noted there was a “complete conflict of evidence” as to whether or not cars were being sold from the car park and he commented there was no evidence before him in relation to his lease agreement.
The judge said while there had been some compliance with the terms of the enforcement order, the unauthorised portacabin remains in situ.
After dismissing the appeal, he affirmed the €1,000 fine which was imposed in the district court.
Mr O’Dwyer was also given two months to pay €3,296.93 towards the costs of the local authority.