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Kerry County Council fails in bid to have large sign removed from Michael Healy-Rae's property

Michael Healy-Rae will not have to remove the sign from his property after the judge ruled that the complaint had been registered too late. Photo: Collins Courts Expand

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Michael Healy-Rae will not have to remove the sign from his property after the judge ruled that the complaint had been registered too late. Photo: Collins Courts

Michael Healy-Rae will not have to remove the sign from his property after the judge ruled that the complaint had been registered too late. Photo: Collins Courts

Michael Healy-Rae will not have to remove the sign from his property after the judge ruled that the complaint had been registered too late. Photo: Collins Courts

Anne Lucey

KERRY County Council has failed in its Circuit Court application to have Michael Healy-Rae TD remove a large advertising sign of himself from the gable of his property at Gortnaboul in Kilgarvan .

The council had acted too late, and the “development”, which was erected in 2011 without planning permission, was beyond the seven-year cut-off by the time the council issued proceedings, Judge Terence O’Sullivan found.

The council’s application under Section 160 of the Planning and Development Act, 2000 was before the Circuit Civil Court in Killarney today.

The council sought the removal of the sign – which is 4.8 metres wide and 2.24 metres in height – from the gable wall of the TD’s building at Top of the Cross, Gortnaboul, Kilgarvan,

The sign declares Mr Healy-Rae as the village’s “No 1 TD” and references his "hard work, experience” and “common sense”. It provides phone numbers and contact details.

In an affidavit before the court, dated from November 2020, planning enforcement officer Jim Fox claimed the sign on the side of a building on the R569 was a distraction to road users at a critical point on the roadway where traffic was turning.

Mr Fox said the sign was not exempt, as claimed by Mr Healy-Rae in correspondence on foot of enforcement proceedings.

The sign never had planning permission, Mr Fox said, it was not exempted and therefore was unauthorised and should be removed.

However, Mr Healy-Rae, in a replying affidavit, said it was first erected “after my election to Dáil Éireann in 2011”.

It was “a demountable sign” and had a number of uses.

“It is a commemoration of my achievement in 2011, it is a promotional advertisement but, more importantly, it provides my office numbers to my constituents,” the TD said.

Long before he erected the current sign, there was one by his father – the late Jackie Healy-Rae – when he was a TD for Kerry South.

The sign would be temporarily removed from the gable and “used as a promotional advertisement throughout the county of Kerry”, he said.

The TD rejected and was “taken aback” by the claim his sign was a traffic hazard and distraction.

“I would not countenance that my sign be the cause of confusion to road users,” he said in his affidavit, submitting the findings of an engineer to back this up.

He also said the council was itself “actively encouraging and sponsoring murals to be painted on gables of properties without planning permission”.

Examples included the mural of Monsignor Hugh O’Flaherty in Killarney and Cahersiveen.

Judge Terence O’Sullivan, in his decision, said the sign was used by the Healy-Rae family during various election campaigns for office. It was erected in 2011, the Judge found.

Traffic hazard was not an issue for him to decide.

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“My sole issue is whether the application under planning legislation is too late,” Judge O’Sullivan said.

Referring to case law, in order for the council to succeed he had to be satisfied there was abandonment.

“There was a development in 2011. The local authority didn’t move until too late.“

There was no abandonment as it was only suspended for temporary periods in relation to particular canvas, and there was always an intention of resuming its position on the gable wall.

“My view is the local authority must fail in this application in relation to time bar,” he said.

Barrister Richard Liston, instructed by Dan F O’Connor, Killarney solicitor, applied for costs, saying costs followed the event.

The application was opposed by barrister for the council, Elizabeth Murphy, instructed by solicitor Rosemary Cronin.

“The development was unauthorised. The application only failed because it was statute barred,” she argued, resisting the cost.

The judge said he always had sympathy for private individuals because it was difficult to be up against the State.

He awarded the TD’s legal team two-thirds of their costs.

The identity of the complainant was not revealed.

Speaking afterwards, Mr Healy-Rae said he welcomed the decision of the court. The person who made the complaint was “wrong”, he said.

He did not know the identity of the complainant and the authority were obliged to act on foot of the complaint.

“I have nothing but respect for the local authority. I thank my legal team, Richard Liston instructed by Dan O’Connor, solicitor, who ably represented me,” Mr Healy-Rae said.

He also said the prospect of court had caused anxiety.

“I’m terrified of court,” he said.

In a letter of response to the council enforcement section on February 14, 2020, the TD said he believed the complaint was politically motivated. He said he would resist taking down a sign which had been on his property for years.

A separate application by the council to force Danny Healy-Rae TD to remove a colourful sign over his pub on Main Street, Kilgarvan, was adjourned.

The large green and gold sign, in the Kerry colours, proclaims Danny Healy-Rae's "hard work & common sense”, and that he is always available.

He is contesting the matter.

Both Danny and Michael, along with Danny’s son, Cllr Johnny Healy-Rae, were in court yesterday for the proceedings.

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