The parents of Hollywood actor Michael Fassbender are being allowed resume work on the construction of an apartment complex at the rear of their listed building and former restaurant in Killarney, after an order forcing them to cease all work two weeks ago was lifted at the Circuit Civil Court in Listowel, Co Kerry.
Josef and Adele Fassbender were told to cease all work on the construction of a block of four mews style apartments at the rear of West End House, Lower New Street, Killarney after neighbours obtained a Circuit Court injunction claiming they were being overlooked by windows that were not in the original planning application.
The Fassbenders are to board up the windows on the eastern side of the building within 24 hours .
The ex parte injunction sought by Eamonn Bannan and James Houlihan, both with addresses in Lower New Street, was granted by Judge Thomas E O’Donnell in Tralee Circuit Civil Court two weeks ago.
Judge O’Donnell ordered all construction work cease immediately and returned the matter to Listowel.
Barrister for the Fassbenders, Elizabeth Murphy, told Judge Terence O’Sullivan in Listowel on Wednesday she was seeking a variation of the order “or a setting aside”.
The Fassbenders had applied in June for retention planning permission, and had agreed in writing to board up the disputed window openings on the eastern side on July 10th.
“The shutting down of the site was excessive and disproportionate. I am looking for a variation or a setting aside of the orders granted on 10th July which saw work stop immediately,” Ms Murphy said.
Judge O’Sullivan said the Fassbenders had planning permission to build on the site. There were arguments about extension and size and if the Fasbenders were wrong they would have to take it down.
However “the real issue” by the residents was they did not want to be overlooked and the court could not oppose any application which said they would “shutter up” the window openings.
Judge O’Sullivan also said he noted form the papers handed into court how access to the site would become an issue shortly.
Michael Munnelly, barrister for Mr Bannan and Mr Houlihan, asked that no work commence until the planning decision for retention was through in two weeks. His clients were the “innocent” parties, he said.
However Judge O’Sullivan rejected this suggestion saying the council would decide on planning matters alone.
The ongoing closing down of the site would do significant harm to the Fassbenders, he said.
“It would be utterly disproportionate to stop all works ,” the judge said.
In setting aside the closure order, the judge said he was accepting the offer there was to be no construction on the eastern elevation in relation to windows. Further, the Fassbenders were within 24 hours to board up the openings of the windows.
Judge O’Sullivan adjourned the matter for full trial to December 13th next.
The listed house is where Michael Fassbender worked in the family restaurant and where he is still a regular visitor. It is part of historic architectural core of Killarney which includes the Pugin designed cathedral and schools. Built in 1770 it was one of the country’s first training schools for cooks and domestic servants for big houses of the region and for the town’s tourist industry.