Actor Michael Fassbender’s parents given the go-ahead on apartment block behind their Kerry home
Josef and Adele Fassbender were ordered by a court two weeks ago to stop building work in Killarney, Co Kerry
HOLLYWOOD star Michael Fassbender’s parents have been given the go-ahead on an apartment block behind their home.
Josef and Adele Fassbender were ordered by a court two weeks ago to stop building work in Killarney, Co Kerry.
While the order was temporarily lifted today, the pair have been told to board up some windows on the site behind where the 41-year-old X-Men star was raised.
Judge Terence O’Sullivan, in the Circuit Court sitting in Listowel, said he was putting aside the previous order, stating: “If you shut down the work it would cause enormous financial costs.”
But the Fassbenders must board up windows which were not part of the planning permission granted on the building.
Eamon Bannon of 63 New Street and James Houlihan of 60 New Street, Killarney brought an application to Tralee Circuit Court earlier this month for the development to cease, claiming the Fassbenders were not complying with the conditions of their planning permission.
According to this, the building was not to have overlooking windows. But the plaintiffs in the action say the ongoing work includes windows and a higher roofline.
Barrister for the applicants Micheal Munnelly told Judge O’Donnell that the Fassbenders had originally applied for planning permission at the site in 2007, for a development that included windows overlooking his clients' properties.
Permission was granted by Kerry County Council, but on appeal An Bord Pleanala refused permission.
The following year, a new, revised application was lodged without plans to include overlooking windows and permission was granted by the council.
An extension to this planning application was secured in 2014 and construction recently commenced at the site in New Street.
But the court heard the construction was not in compliance with the planning conditions.
Kerry County Council sent a warning letter to the Fassbenders in May.
A retention application was then lodged to incorporate windows and a higher roofline.
The Fassbenders continued to build. The court heard unless the construction was stopped by a court order, the council would be presented with a ‘fait accompli’.
Mr Munnelly said: "They told Kerry County Council one thing and did the opposite and now they won’t stop."
He added a letter issued before the earlier court hearing by solicitors on behalf of Fassbenders committing to the use of timber hoarding over the windows did not go far enough.
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The lawyer said he was seeking an order to have all buildings stopped until a decision on the retention application is made by the council or until the Circuit Court makes a further court
order in the case.
Judge O’Donnell ordered that all construction cease at the rear of West End house at New Street.
A full hearing was adjourned to the next sessions of the court.