Developer Jim Mansfield says he has no intention of demolishing buildings at Weston aerodrome, Co Dublin, in spite of a High Court finding that they are unauthorised developments.
Mr Mansfield said yesterday there was "no question" of him demolishing aircraft hangars, a control tower or a viewing gallery at the west Dublin aerodrome.
He said this was because he had since applied for and obtained planning permission from South Dublin County Council for building work at the aerodrome. This had occurred in the time after the council began enforcement proceedings against him and before the court delivered its decision.
In a written judgment published last week, High Court judge Mr Justice William McKechnie found in favour of the council, which had alleged Mr Mansfield had carried out numerous unauthorised developments on the site.
Mr Justice McKechnie will decide on July 19th what to do about Mr Mansfield's unauthorised developments.
The judge also rejected a claim by the developer that the attitude and actions of the council were "politically driven and/or are driven by some form of malice and personal attack on him". He noted that Mr Mansfield had produced no supporting evidence to justify these remarks.
Local Independent councillor Derek Keating described the court decision as a "significant victory" for the community, which would send a clear message to all developers. "Mr Mansfield has continually breached the planning laws and he has now been caught," he said.
In the case, heard in 2002, the council alleged Mr Mansfield had carried out a number of unauthorised developments, including an expansion of the car park, alterations to a bungalow to include a new control tower and viewing gallery, the construction of new aircraft hangars and the erection of new fencing.
Witnesses for Mr Mansfield blamed "bureaucracy and red tape" and "the politics of the situation" for the difficulties which arose with the council, and claimed the works were carried out at the behest of the Irish Aviation Authority.
Council witnesses denied these claims, saying they had been "constructive and accommodating from the outset", as well as being "highly conscious" of safety and security.
Mr Justice McKechnie "totally rejected" the claims by Mr Mansfield's witnesses that the council was taking a politically driven approach to the issue. These remarks were "wholly inappropriate" and unsupported by any evidence and the witnesses involved had "significantly strayed" beyond their area of expertise, he said.
"Of course one can understand and sympathise with genuinely held frustration, but no officials of a public authority should be subject to such unsubstantiated opinion."
Mr Mansfield's compliance with the regulations of the Irish Aviation Authority did not absolve him from the need to comply with council regulations, the judge added.
While the council had vigorously defended the planning code, it was his "complete belief" that its officials did not behave in an adversarial manner with the owners of Weston.
Mr Mansfield bought Weston for €12.7 million in 2000.
