Planning Portal

Developers Convicted Over The Unauthorised Demolition Of Listed Buildings

Published on Wed, 15 Jun 2005
A Magherafelt developer has been fined £500 for demolishing listed buildings in Portstewart.
Norman Menary of NM Developments pleaded guilty at Coleraine Magistrates Court on 14 June 2005 to the unauthorised demolition of listed buildings at 9 and 11 The Diamond, Portstewart under Article 44 of the Planning NI Order 1991.
A spokesperson for the Department of the Environment said: "We hope that securing a criminal conviction in relation to the unauthorised demolition of these Portstewart houses will be seen as a further indication of our commitment to protecting our historic built heritage."

Notes to Editors

  1. Nos 9 and 11 The Diamond, Portstewart were Listed Buildings located in approximately the centre of a listed terrace.
  2. On 13 August 2003, the developer demolished both of the buildings without Listed Building Consent. The developer subsequently started to lay foundations for a replacement building, without having applied for planning permission.
  3. A warning letter was issued on 18 August 2003 advising the developer to cease work on the site.
  4. Work continued on the site and the Planning Service started legal proceedings against the demolition offence and enforcement action was initiated against the unauthorised building on site, with an enforcement notice and stop notice being served.
  5. In a subsequent appeal the Planning Appeals Commission on 18 March 2005 refused retrospective consent to demolish the listed buildings.
  6. The hearing was held in Coleraine Magistrates Court on 14 June 2005.
  7. Mr Menary (owner) and Mr O’Connell (digger driver) pleaded guilty and Mr Menary was fined £500 (£250 for each building). Mr O’Connell was given an absolute discharge.
  8. Under the legislation provisions applicable at the time of the demolition, the fine could have been up to £5,000 for each building. This has since been increased to £30,000 for each case of unauthorised demolition.
  9. Further news media information call Paddy Murphy DOE Press Office tel 028 9054 0014.
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