No further action will be taken against Kilgarvan TD Michael Healy-Rae following revelations this week that he breached planning laws by sub-dividing a house he purchased into apartments without planning permission.
erry County Council confirmed this week that the local authority opened an ‘enforcement file’ on the matter last November following a complaint.
A warning letter was served under Section 152 of the Planning and Development Act 2000-2020 by the Council on the December 7, 2020.The unauthorised works referred to in the warning letter included altering, extending and subdividing a house, which is known locally as ‘Jack Cahill’s House’.
Deputy Healy-Rae had applied for planning permission ‘to alter and extend’ the existing house at Churchground, Kilgarvan, in August 2019.
Further information was sought, and planning was granted with conditions. Subsequently, the house was converted into four apartments.
Following the warning letter, TD Michael Healy-Rae submitted a retention application for the works.
The local authority paused the enforcement action pending the consideration of this application. The council told The Kerryman this is the normal practice in relation to developments that do not have an immediate negative or continuing impact.
Deputy Healy-Rae was subsequently granted planning for the apartments on May 24, 2021, and the council is not proceeding with any further action.
They said that where retention planning is granted, it is the policy of the Planning Authority not to pursue further enforcement actions as it would likely be unsuccessful, particularly where the development did not result in any environmental or other material damage to a protected structure or protected monument.
This is not the first time the Kilgarvan TD has landed himself in hot water over housing developments, with controversy surrounding plans to develop apartments on the former Nancy Myles Pub in Tralee. The Kilgarvan TD is one of the biggest landlords in the Dáil with 21 parcels of land and properties registered in his latest Dáil register of members interests including a number of properties in Kilgarvan. The Kilgarvan TD has not responded to calls at the time of going to print.