A restaurateur who turned his Dublin 4 childhood home into a pizzeria must pay just over €7,000 for breaking planning rules and carry out a raft of modifications to keep earning a crust.
In 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 Dublin District Court case had been adjourned, and Mr Whelan was ordered to attend a hearing before Judge Anthony Halpin.
The defendant had been convicted of an offence under Section 154 of the Planning and Development Act, 2000, for failing to take steps outlined by the council.
The local authority had 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.
DCC’s solicitor, Michael Quinlan, told Judge Halpin that the defendant was out of the country at the earlier stages of the case 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”.
The defence barrister said his client would give an undertaking under oath “to the satisfaction of the council and resolve the matter”.
The court heard that in March, the court had imposed a €500 fine and ordered him to pay €6,604 in costs and to comply with the original enforcement notice in full within three months.
Mr Quinlan said that it was the council’s position that Mr Whelan had failed to do so, but he added, “Judge. I believe Mr Whelan is going to undertake that he will comply”.
Asked by the judge if he would agree, Mr Whelan replied, “I do your honour”.
Judge Halpin gave him until January 1 to meet the terms of the enforcement notice, and the pizzeria operator replied, “That’s okay”.
The council’s solicitor added, “Just for the court’s knowledge, judge, it’s a case where Mr Whelan will either be carrying out works or ceasing to trade on the first [of January], it’s an and, or situation.”
The case was adjourned until January 14th to check if he has complied.
