Last March, Basil Whelan, was prosecuted for failing to comply with a 2018 enforcement notice about his gable end pizzeria
Basil Pizza owner Basil Whelan. Photo: Paddy Cummins
A RESTAURATEUR forced to close his Dublin 4 pizzeria, which was converted from his childhood home, has been stuck with a €9,400 legal bill for breaking planning rules.
Last March, Basil Whelan, trading as Basil Pizza of Ringsend Road, was prosecuted by Dublin City Council (DCC) for failing to comply with a 2018 enforcement notice about his gable end pizzeria.
The defendant had been convicted at Dublin District Court of an offence under Section 154 of the Planning and Development Act, 2000, for failing to take steps outlined by the council.
The court had initially imposed a €500 fine and ordered him to pay €6,604 in costs and comply with the original enforcement notice within three months.
The local authority also demanded the cessation of the use of the ground floor of the property, 95 Ringsend Road, Dublin 4, including the open area to the front and side, as a restaurant with takeaway.
He was told to remove the outdoor tables, seating, fixtures, and fittings from the open area, front and side, and perimeter fencing from the front façade.
At the resumption of the case in November, DCC’s solicitor, Michael Quinlan, told Judge Halpin that the defendant was out of the country at the earlier stages but had come to court to agree to the council’s request.
The solicitor said he understood Mr Whelan was “willing to give an undertaking to the satisfaction of the council and resolve the matter”.
The planning prosecution resumed yesterday/today (Tue) when Judge Anthony Halpin noted that Whelan ceased using the pizza restaurant.
Mr Quinlan said that significant costs remain outstanding and had increased by €2,805.
Whelan confirmed the business had closed and his income stream there was gone, as he asked the judge if he could “do something” about the costs. He said that recently, he had to help cover his brother and former business partner’s funeral costs.
He confirmed he had business insurance but did not think he would be allowed to claim for the costs because he had not complied with the council.
He also said he cannot sell on the lease agreement.
Judge Halpin said he could not adjust the amount but would give Whelan time to pay as he adjourned the case for five months to check the costs payment progress and told him to do the best he could.
