Tipperary man, 65, told to leave his log cabin home and go on social housing list

The case of a 65-year-old New Inn man facing homelessness as he has been ordered by a court to leave his log cabin home and remove it from the site he owns, was highlighted at Tipperary County Council’s meeting last week.

Cllr Máirín McGrath said this man had to leave his home on a site he owned in the middle of a housing crisis and now has to join the council’s housing list.

The Independent councillor questioned Tipperary County Council’s planning policy in relation to granting approval for log cabin homes.

She pointed out that a response her father Deputy Mattie McGrath received to a Parliamentary Question showed there was no prohibition on homes made of timber getting planning permission and asked if the council’s policy was dictated by national guidelines.

Deputy McGrath highlighted the case of the same log cabin owner, whom he identified as Sean Meehan, in the Dáil last month as he called for a moratorium on enforcement proceedings being taken against the occupiers of these type of homes.

The Rural Independents Group leader also urged Housing Minister Darragh O’Brien to sign an emergency ministerial order to put in place a statutory instrument that would relax the planning law in relation to log cabins.

And he also pressed the Government to publish the new statutory guidelines on rural housing including a provision for planning approval to be allowed for these homes.

Deputy McGrath complained that enforcement by local authorities of planning policy against log cabins and temporary modular homes was very strong and he was dealing with at least a dozen cases in south Tipperary where people were bring prosecuted and brought to court over erecting these homes on their own sites.

He said these homes were not erected recklessly. They were very safe and comfortable, connected to their own sewerage facilities and water and not interfering with the aesthetic of the local scenery.

He detailed the case of Mr Meehan as an example of the difficulties log cabin owners subject to enforcement prosecutions are facing.

Deputy McGrath outlined that after Mr Meehan separated from his wife he brought some land and built a log cabin home on it.

He had been in court four times as a result of planning enforcement proceedings brought by Tipperary County Council and was told 10 days before Christmas he faces four months imprisonment if he doesn’t remove the log cabin.

The Independent TD pleaded that Mr Meehan had nowhere to go and was now in a “desperate situation”.

“He has a comfortable house there on his own site with his dogs and cat and he is facing prison or facing sleeping under the Main Guard in Clonmel when he comes out of prison. This is a bonkers situation,” the TD declared.

In response, Housing Minister Darragh O’Brien said people can seek and apply for planning permission for log cabin dwellings.

A number of cases in Tipperary have been brought to the Department’s attention. He explained that he had written to Tipperary County Council’s CEO requesting that his team carry out a review and the council is conducting that review to see if there are ways they can ensure there is some type of standard around these type of properties.

But he stressed that every back garden in the country couldn’t have a log cabin.

“You can’t just set aside the planning law for that. But I am aware that there are people living in these properties for a long number of years where enforcement orders have been issued by local authorities.

“In many instances they have been issued because complaints have been received by the planning authority from other residents in the area.”

Minister O’Brien pointed out it was not as if Tipperary County Council has been looking for these properties. Enforcement proceedings were taking place on the basis that complaints have been received by the council.

The Minister added that the new rural planning guidelines were nearly finalised and he expected them to be published very soon.

Deputy McGrath interjected after the Minister’s address to clarify that every resident on the road Mr Meehan lives signed a petition in support of him being allowed to live on in his home. He took issue with the Minister’s statement that planning permission can be obtained for log cabin type homes.

“We have umpteen cases where they aren’t. The local authorities can’t and won’t (give permission) because the guidelines that you won’t publish won’t allow the planners to do it. Even though they might want to do it, they can’t do it.”

Meanwhile, Tipperary County Council Director of Planning Sharon Kennedy responded to Cllr McGrath’s comments at last week’s county council meeting by stating that it was made very clear at the December meeting that the council doesn’t have a policy against modular homes or log cabins.

In fact, in the last few weeks she had seen planning permission going through in relation to one of these types of developments.

“They have to be assessed in accordance with the County Development Plan and the different policies. That is what is being done,” she explained.

“We are trying our best to work with individuals living in these types of accommodation to see how they may be able to become compliant. We also said very clearly that where there is unauthorised development and when it comes to our attention we are obliged to have that addressed.”

Ms Kennedy added: “We also understand that right now, as we speak, the legislation is very clear; people who don’t have planning permission they are not exempt. If it’s brought to our attention, we need to go down the enforcement route. We will work with those individuals to do our best to advise how they can be compliant.”