Peter Casey and his home overlooking Lough Foyle just outside Greencastle.
Apparent confusion surrounds the legality of a breakwater and slipway constructed at a private residence in Inishowen.
The property at Carrowhugh, Greencastle belongs to former Presidential and European Parliament candidate, Derry man Peter Casey, and it appears the breakwater and slipway, may have been built without prior planning permission.
In a statement, Mr Casey said: “All necessary applications [for the breakwater and slipway] have been submitted to the appropriate authorities.”
However, following an enquiry to Donegal County Council from the Inish Times, it emerged “an incomplete application was returned to the applicant on October 8 in relation to proposals to retain development at this location.”
The breakwater at Mr Casey's Greencastle residence.
A spokesperson for the Council said: “The Planning Authority is aware that an incomplete application was returned to the applicant on October 8 in relation to proposals to retain development at this location [Carrowhugh, Greencastle]. Any obligation to acquire a foreshore consent in relation to this development is a matter for the Department of Housing,
“Planning and Local Government under the Foreshore Act 1933 and is not a matter for the local authority.
“The enforcement matter relating to these lands is ongoing and Donegal County Council is not in a position to comment further in relation to this active case.”
A planning retention application is a full planning application to retain an existing structure, or partially constructed structure, because the structure was previously constructed without the required planning permission.
The Department of Housing, Planning and Local Government confirmed it had “no record of an application for the installation of a slipway and breakwater at Carrowhugh, Greencastle, County Donegal.”
The Department said: “The Department have no record of an application for the installation of a slipway and breakwater at Carrowhugh, Greencastle, County Donegal.
“Developments requiring the use and / or occupation of State Owned Foreshore require the consent of the Minister for Housing and Urban Development in accordance with the provisions of the Foreshore Act.
“It is the responsibility of the developer to ensure that all necessary consents are permits are obtained for their development.”
The Environmental Protection Agency (EPA) said “there would be no requirement of consent from EPA in relation to a slipway or breakwater.”
Mr Casey previously described the completed breakwater as “fully tidal.” At that time he said: “The breakwater stops the waves crashing into my property and causing damage. The breakwater is constructed with gaps between the rocks, this reduces the impact of the incoming waves and prevents erosion. However, the breakwater is constructed on a base, which is four or five feet below the high water mark, on the seabed of Lough Foyle.”
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