A farmer has been jailed for six months after he built a house without planning permission.

Adrian John Orr was sent to prison for failing to pay almost £80,000 in fines imposed on him for failing to demolish his home at Derryclawan Road, Lisbellaw.

And according to the Department of Environment’s Planning Service, that is not the end of the matter.

After Monday’s hearing at Fermanagh Court, a spokesman stated: “Enforcement action will continue until the matter is resolved.” The case has been referred to Environment Minister Mark H. Durkan who can order his Department to demolish the house.

It first came before the court in September 2011, when a solicitor prosecuting on behalf of the Department, explained that the house came to the attention of the authorities in June 2008.

A warning letter was sent to Orr in July 2008, followed by a second in November 2008, at which stage Orr applied for retrospective planning approval for the house. His application was refused in July 2009 and he took his case to the Planning Appeals Commission. It also ruled against him, and in September 2010, an Enforcement Notice was issued, requiring him to demolish the house.

The court heard that Orr appealed against the Enforcement Notice but in April 2011, the Planning Appeals Commission again ruled against him. It upheld the Enforcement Notice, giving him 60 days to demolish the dwelling and remove the rubble from the site.

Orr’s defence barrister, Miss Heather Phillips, said: “He has exhausted every type of appeal possible to get the approval of the planners and it appears that is never going to be the case.” On that occasion he was fined £3,000.

In June 2012, Orr was again prosecuted for failing to comply with the Enforcement Notice and demolish the house.

On that occasion District Judge Liam McNally fined him £20,000 and said: “This has been a deliberate disregard of the planning legislation.” In May 2013, Orr was prosecuted for a third time and fined £25,000.

In April of his year he was prosecuted for the fourth time and fined £28,000.

On the last occasion a senior enforcement officer with the Planning Service was asked what would happen next.

He said it would become a “political matter”, explaining that: “It will be referred to the Minister now for him to make a decision.” He told the court: “There is one further option but it has never happened in Northern Ireland and that’s demolition by the Department.

“The Minister would have to take that decision,” he added.

Orr appeared at Fermanagh Court on Monday for failing to pay fines and costs totalling £76,865.

Defence barrister Steffan Rafferty said Orr had made some “quite small” payments but his farm does not generate much income.

“He is not in a position to make any further payments,” Mr. Rafferty told the court.

He said Orr was in a “very difficult situation” as he was living in the house, which was a converted farm building.

He said the planning authorities had been in contact with the Minister to seek an order for the destruction of the house.

District Judge Nigel Broderick said: “This seems to be a situation where he was prosecuted four times for the same dwelling and the situation remains unresolved as the premises are still there and he still lives in them without planning permission.” He added that the planning regulations are clearly there for a purpose - to regulate any building work that does take place.

Mr. Rafferty told him it was a relatively small farm with only a few animals. Orr’s son works on the farm and is in a position to look after the animals while his father is in jail.