A man ordered to close a pizzeria he operated out of his childhood home in Dublin 4 has been landed with a €9,400 legal bill for breaking planning rules.
Basil Whelan, trading as Basil Pizza of Ringsend Road, was prosecuted by Dublin City Council last March for failing to comply with a 2018 enforcement notice about the gable-end pizzeria.
Whelan was 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 initially imposed a €500 fine and ordered him to pay €6,604 in costs and to comply with the original enforcement notice within three months.
The council also demanded a cessation of the use of the ground floor of the property at 95 Ringsend Road, including the open area to the front and side, as a restaurant with takeaway. He was told to remove tables, seating, fixtures and fittings from the open area, and perimeter fencing from the front facade.
At the resumption of the case in November, the council’s solicitor, Michael Quinlan, told Judge Anthony Halpin that Whelan had been out of the country at the earlier stages of the proceedings, but had come to court to agree to the council’s request. Mr Quinlan said he understood Whelan was “willing to give an undertaking to the satisfaction of the council and resolve the matter”.
The prosecution resumed on Tuesday, and Judge Halpin noted that Whelan had ceased running the pizza restaurant.
Mr Quinlan said significant costs remain outstanding, and these had increased by €2,805.
Whelan confirmed the business and his income stream from it were closed, and he asked the judge whether he could “do something” about the costs. He said he had recently had to help to 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.
