In a ruling by the High Court, farmer Patrick Furlong has received a directive to dismantle a dairy parlour he erected unlawfully by the deadline of September 19th. Mr Furlong has been instructed to stop all milking activities by July 21st and in the interim, his livestock must be relocated to an alternative farm with a legal milking establishment, as decided by Justice Garret Simons.
In 2020, Mr Furlong constructed the dairy parlour, inclusive of connected works such as manure storage and cleaning equipment, on his 24.7-acre agricultural land in Gurteen, Templeshambo, Co Wexford. This had previously been a solely livestock farm. In response to these unsanctioned constructions, Wexford County Council issued a warning and enforcement notifications in 2020, demanding the cessation of the illicit establishment and restoration of the land to its original state.
Although Mr Furlong submitted an application for retention, it faced rejection due to various reasons which featured his inability to prove there was an adequate storage facility for waste on the location. The lack of clarity over whether development would meet the Nitrates Directive, that aims to safeguard water sources from agricultural pollution, also led to the refusal. Moreover, the council disapproved of it as the entrance was deemed to be hazardous for traffic on a county lane, in contradiction with the area’s acceptable planning and sustainable development. The decision led Mr Furlong to submit several more applications for retention and make appeals.
Triggering a judicial review on this resolution 13 months prior, Mr Furlong now has his case waiting in the High Court. David Browne SC, representing Mr McCann, then initiated enforcement proceedings in the Circuit Court. An order for cessation of the illegal development and the land’s reinstatement came from the court last April but implementation was delayed by 12 months.
However, Mr Furlong’s appeal against this decision was dismissed by the High Court. The presiding judge stated it was unfit to offer Mr Furlong another chance to acquire some form of retrospective development approval via what is called substitute consent, emphasising that “No developer is entitled to this level of indulgence.”
The judge termed it a “clear-cut case of unsanctioned development”, necessitating the removal of illegal structures and the land’s restoration, which must be executed by midnight on September 19th.