Roscommon couple given chance for final cleanup of Ballaghaderreen site
The couple were previously prosecuted by Roscommon County Council for failing to comply with an enforcement notice served on them in August 2022. Picture: iStock
A district court judge has said he is trying to deal with the case of a couple convicted of breaching planning laws in a way that allows them to avoid fines or imprisonment, but has insisted that “everyone needs to work together”.
Malcolm and Michelle Farrell, of Tullaghanrock, Ballaghaderreen, were previously prosecuted by Roscommon County Council for failing to comply with an enforcement notice served on them in August 2022.
The couple were living off-grid in a caravan on the site, which they owned and on which they had built a self-sufficient living situation, which included solar panels, water butts for rain water harvesting, a vegetable garden and areas for goats. Within a large shipping container on the site were seating areas, a flue and stove.
In September, the couple were given six months to engage properly with the council and to comply with the enforcement notice and, when Ms Farrell appeared before Ballaghaderreen District Court again, the court heard that the steel shipping container and the caravan had been removed from the site, but there was gravel that still needed to be collected, and a number of pipes that needed to be removed.
From the council’s perspective, a caravan could be moved onto the land again, the court heard, and there are still environmental concerns regarding waste water going into the drain, with “a lot of cleanup” yet to be done.
The council initially received a complaint about an unauthorised development, which included a parking area for two cars, drains and piping works at the accused couple’s address in October 2017.
The complaint also noted the road had been cut open to allow for the installation of pipes, with concerns regarding effluent.
A warning letter was issued, with the couple stating that the development was on the site of a former house, with the drains already in situ.
Subsequent council inspections found the property to have no septic tank or waste water treatment facility, though a chemical toilet was present on the site.
A later inspection saw the gates of the property were padlocked, with the couple refusing to engage with the council, prompting enforcement action requiring them to remove the development, cease its use and restore the land to its previous condition.
In August 2024, an inspection found that the enforcement notice had not been complied with. Mr and Mrs Farrell expressed their concern that they would be homeless. Applications for retention and for social housing had not been processed as they were incomplete.
“I’m totally sympathetic to where the council is coming from. The issue is what the Farrells are in a position to do,” said Judge Deane at the recent sitting.
He opted to further adjourn the matter to May 29th, while the couple engages with their solicitor regarding the sale of the site, “in a manner that is satisfactory to the council”, and the final clean-up of the property.
“I’m avoiding fines and imprisonment,” Judge Deane told Ms Farrell. “If I find there’s threats to pull the sale, the attitude will be different. I’ll take that as an aggravating factor and impose imprisonment or a fine.
“Everyone needs to work together,” he concluded.
*Published under the Courts Reporting Scheme.
