Property developer Mr Jim Mansfield is considering an appeal against the District Court's conviction of his company, HSS Ltd, for carrying out unauthorised work on a convention centre at the Citywest Hotel complex in Saggart, Co Dublin.
The company was fined 1,750 and ordered to pay costs of almost 30,000 to South Dublin County Council, after Tallaght District Court found it had failed to comply with an enforcement notice issued last year.
The notice, issued on September 26th 2003, instructed HSS Ltd to cease work on the 50 million convention centre until full planning permission was granted. Meanwhile, the council was considering the company's planning application.
Judge John Paul McDonnell rejected a case made by Mr Shane Murphy SC, for HSS Ltd, that work on the site was exempted development, as it was done to provide access for ESB workers, and that the enforcement notice was also flawed.
The judge found that a hard surface laid on the site was more extensive than that required for the digging of trenches for an ESB crew. He said he was satisfied that the county council's order was "clear, valid and proportionate".
Evidence given to the court said that work continued during November, when the council issued its decision to grant planning permission, and into December, by which time a large steel structure had been erected.
Mr James Connolly SC, for the council, said notification of the decision did not entitle the developer to proceed until after the expiry of the statutory four-week period for third parties to appeal it to An Bord Pleanála.
An Taisce lodged an appeal, which was accepted by the board, even though the trust did not make an objection in advance to the council; it had not been notified of the HSS planning application as it was entitled to be as a "prescribed body".
An Bord Pleanála's decision in April to refuse planning permission is being challenged by HSS Ltd in the High Court on the basis that the board had no right to allow An Taisce's appeal.
However, the county council is no longer seeking to compel Mr Mansfield's company to remove the steel structure of the 5,800-seat convention centre as its members have voted to rezone the site for such a development.
Permission was also denied for Mr Mansfield's hotel and conference centre at Palmerstown Demesne, Co Kildare, last June.
Last December the appeals board rejected plans to turn the the Lucan Weston Aerodrome into an "executive airport". It was also the subject of complaints about unauthorised works.
