A property company from Kesh has been fined £500 at Fermanagh Magistrates Court for failing to comply with an enforcement notice issued by Fermanagh and Omagh District Council (FODC).

David Mahon Properties Limited were found guilty of failing to comply with the enforcement notice which was issued in relation to sites in Fintona, County Tyrone.

A representative for FODC told the court that a planning application for the sites was refused in 2016.

When Council officials visited the sites they observed that the roadside boundary had been removed, an entrance created, hedges taken back and the site had been pegged.

A warning was sent to the property company and in June, 2018 an enforcement notice was served as no remedial work had been carried out such as the removal of the hardcore, reinstatement of topsoil and reseeding of the sites. The Council representative handed photos into the court of work that was carried out on the sites the week previous.

A solicitor representing David Mahon Properties Ltd told the court that there was planning permission on the sites from 2007.

However when his client began work on the sites in 2016 an issue arose as to whether terms of the planning permission development clause were met. He continued that his client took advice and appealed the enforcement notice while they investigated whether the development commenced on time. He added that this was a costly exercise within protocol and to date all had proceeded to the letter of the law.

In relation to the extension of time by the Planning Appeals Commission, David Mahon Properties Ltd solicitor said that the work was not done and the Council issued the summons.

He continued that some work had been done since apart from the reseeding which is recommended to be carried out between March and April. The defendant’s solicitor said that his client had lost out financially on the sites as it is unlikely they will get planning permission, and have been out a lot of money with nothing to show for it.

He added that the circumstances were not a wilful disregard to proceedings.

In arriving at his decision, District Judge Michael Ranaghan said he had to look at whether there was any financial benefit from what took place but he could see that it was the opposite.

He said all work bar the reseeding was complete, however it was a breach, although not a wilful disregard. Judge Ranaghan ordered David Mahon Properties Ltd £500 in fines, £60 summons and £75 legal costs.