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Couple Ordered to Demolish House - any update?

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Comments

  • Registered Users, Registered Users 2 Posts: 2,732 ✭✭✭brokenbad


    The Murrays have some neck - i'll give them that.

    Will be interesting to see how this Mexican standoff with the Council pans out…



  • Moderators, Politics Moderators, Paid Member Posts: 45,538 Mod ✭✭✭✭Seth Brundle


    It has an eircode so I'd say that it is liable for LPT despite the absence of PP.
    Even the likes of the Monk was expected to pay tax on his takings!

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  • Registered Users, Registered Users 2, Paid Member Posts: 19,334 ✭✭✭✭elperello


    Hard to value it because it is effectively unsaleable.



  • Registered Users, Registered Users 2 Posts: 41,198 ✭✭✭✭Mellor


    Not in anyway a mexican standoff.


    Murray's are simply refusing.



  • Moderators, Politics Moderators, Paid Member Posts: 45,538 Mod ✭✭✭✭Seth Brundle




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  • Registered Users, Registered Users 2 Posts: 41,198 ✭✭✭✭Mellor


    …the Supreme Court refused to permit further appeals by the Murrays.

    Good.
    That's the legal route closed for good hopefully.



  • Registered Users, Registered Users 2 Posts: 3,409 ✭✭✭mountain


    The circus will really start now,

    Family and friends standing in front of the bulldozers



  • Registered Users, Registered Users 2 Posts: 895 ✭✭✭maik3n


    We can't forget about members of the general public writ large.
    I am actually quite surprised at the reaction on social media. I can sadly envisage a lot of the anti-immigration crowd getting involved here and staging protests.



  • Registered Users, Registered Users 2 Posts: 47,486 ✭✭✭✭muffler


    One good thing to emerge from this situation is the highlighting of the ridiculous planning and planning enforcement regulations we have.



  • Registered Users, Registered Users 2 Posts: 5,203 ✭✭✭gifted




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  • Registered Users, Registered Users 2, Paid Member Posts: 41,282 ✭✭✭✭Hotblack Desiato


    On what possible grounds?

    There is no human right to build whatever you like wherever you like.

    I'm partial to your abracadabra
    I'm raptured by the joy of it all



  • Registered Users, Registered Users 2, Paid Member Posts: 28,401 ✭✭✭✭Peregrinus


    They could take the dispute to the European Court of Justice if it raises a point of EU law. But the proper time for that was long ago — you can't do that after the domestic courts of the member state concerned have finalised the proceedings.

    They could go to the European Court of Human Rights if they allege a breach of the European Convention on Human Rights. But, as Hotblack points out, they'd have to point to a Convention breach. And they wouldn't be warmly received if they alleged a Convention breach now, having never done so before in the (very lengthy) proceedings up to this point.



  • Moderators, Category Moderators, Arts Moderators, Sports Moderators, Paid Member Posts: 55,567 CMod ✭✭✭✭magicbastarder


    who has been representing them, i wonder? what debts might they have accrued on all the actions? i guess it'd have been risky borrowing against the property for that…



  • Registered Users, Registered Users 2, Paid Member Posts: 28,401 ✭✭✭✭Peregrinus


    For obvious reasons, no bank would lend against that property. It's unsaleable.



  • Moderators, Category Moderators, Arts Moderators, Sports Moderators, Paid Member Posts: 55,567 CMod ✭✭✭✭magicbastarder


    yep, that was what i was getting at; did some legal firm take this on as no foal, no fee; in the hope that they'd eventually win and be awarded all costs?



  • Registered Users, Registered Users 2, Paid Member Posts: 28,401 ✭✭✭✭Peregrinus


    I doubt that very much. Generally legal firms don't work on a no-foal no-fee basis unless they are highly confident of winning (which why would you be, here?) and the remedy awarded will include a substantial award of damages, out of which their fees can come.

    My guess is that this couple have been paying their legal fees as they go on the thinking that, having spent all this money on their dream home which they will lose if they are obliged to demolish, they now have no choice but to spend more money in an attempt to protect their investment. (We call this the sunk cost fallacy.)



  • Moderators, Category Moderators, Arts Moderators, Sports Moderators, Paid Member Posts: 55,567 CMod ✭✭✭✭magicbastarder


    i've put in a planning application for the construction of the world's smallest violin, for the possibility that the demolition of the house will eventually proceed.



  • Registered Users, Registered Users 2 Posts: 2,732 ✭✭✭brokenbad


    Have zero sympathy for them. Arrogant to say the least. No doubt they are currently cooking up another desperate last ditch attempt to halt demolition proceedings…..



  • Registered Users, Registered Users 2 Posts: 47,486 ✭✭✭✭muffler


    Its the end of the road now for the Murrays and my guess is that they will agree a timeframe with the Council for the demolition to commence which will probably be in about 3 months time.



  • Registered Users, Registered Users 2 Posts: 895 ✭✭✭maik3n


    Throwing a spanner in the works, are the council screwed now if they don't demolish it?
    I'm just thinking out loud, but if they could get the family to agree to relinquish the house, can they perhaps turn it into some kind of homeless shelter or domestic abuse refuge etc?



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  • Registered Users, Registered Users 2, Paid Member Posts: 28,401 ✭✭✭✭Peregrinus


    Does the council have a budget to run a homeless shelter or a domestic abuse refuge. And, if they do, why would they choose to operate it in a premises for which there is no planning permission? Obviously, you'd have to apply for planning permission for a change of use of any premises to use it as a homeless shelter etc, but why this premises?



  • Registered Users, Registered Users 2 Posts: 4,524 ✭✭✭Homer


    what’s the precedent for knocking the house in the next 3 months following the exhausting of all legal avenue? Has it been done? I wouldn’t put money on it being knocked at all!



  • Moderators, Politics Moderators, Paid Member Posts: 45,538 Mod ✭✭✭✭Seth Brundle


    The land was sterilised. Nothing was to be there so the council converting the house into anything will rightfully result in legal challenges.

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  • Moderators, Politics Moderators, Paid Member Posts: 45,538 Mod ✭✭✭✭Seth Brundle


    Dunno about the precedent but if they don't knock it after pushing the owners on it for almost twenty years, to let it sit there would result in a public outcry about hounding the victimised homeowners, etc. as opposed to the rightful public perception of "feck them entitled sods!"

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  • Registered Users, Registered Users 2, Paid Member Posts: 37,416 ✭✭✭✭Penn


    Exactly. If the Council try to keep the building and use it for something, however altruistic or useful that may be, they completely ignore and undo their entire reasoning for refusing permission and fighting this in the courts so long without working in some way to grant retention to the property, and set a dangerous precedent for doing so (refusing permission to the applicants, then granting permission to themselves while ignoring the reasons they refused the applicants, and eventually just taking over the property and keeping it themselves), in a way which the Murrays would absolutely jump on.

    Not to mention, the Council don't own the land it's on.

    The property has to be demolished.



  • Registered Users, Registered Users 2 Posts: 4,524 ✭✭✭Homer


    oh don’t get me wrong I would gladly buy popcorn and pay for a front row seat to see it demolished! Just don’t think it will happen!



  • Registered Users, Registered Users 2 Posts: 1,579 ✭✭✭GavPJ


    As far as I know IF the council do get the go ahead to knock it down they will have to put

    a lot of things in place before they send the bulldozers in. Permits for the removal of hazardous

    waste/materials etc. It's not just as simple as levelling it and removing it in skips or trucks.

    Probably still be standing this time next year.



  • Subscribers, Paid Member Posts: 44,928 ✭✭✭✭sydthebeat


    The council will never own it, therefore they cannot decide on a different use for it.

    It will become a field once again



  • Subscribers, Paid Member Posts: 44,928 ✭✭✭✭sydthebeat


    The council won't do this work, they will contact it out to specialists who will be well aware of the required licenses, and will have all they required work statements, reports etc all to hand already



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  • Registered Users, Registered Users 2 Posts: 1,579 ✭✭✭GavPJ


    I still think it will still be standing in a years time. Doubt the council are ready to get all this in

    order anytime soon.



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