Man told to flatten garden cabin

A Dublin man claims South Dublin County Council is trying to make him homeless by insisting he demolishes a log cabin in his back garden in which he is currently living.

Tony Stirrat from Lucan is renting out the main house in which he has lived for the past 20 years because, he says, he needs the rental income to help defray the increased costs of a €120,000 mortgage on the house.

"I've nowhere to live. I'm just doing what I have to do to survive," he told The Irish Times. "There are lots of cabins like mine around Lucan and everywhere else and they don't have planning [ permission]."

Last month, the council refused Mr Stirrat retention permission for a single-storey prefabricated timber dwelling to the rear of his house in Abbeydale Close in Lucan. He had earlier been served with an enforcement notice requiring the removal of the 31sq m structure.

The council ruled that the cabin was out of character for the area, would depreciate the value of properties in the vicinity and would set an undesirable precedent.

Mr Stirrat, who runs a boiler maintenance company, separated from his partner six years ago and his business suffered in the aftermath. He sought a mortgage from a number of mainstream providers to buy out his partner but was refused. Then subprime lender Start Mortgages agreed to give him a mortgage.

He says he used the money to become sole owner of the main house and provide a financial injection to get his business going again. However, the recent rise in mortgage interest rates placed him under financial pressure and he came up with the idea of building a chalet in the back garden and renting out his house.

The cabin cost €10,000 and Mr Stirrat spent €13,000 fitting it out. He did the plumbing and electrics himself and even installed a jacuzzi. He describes the living arrangement as open plan.

Mr Stirrat has rented out his house for €1,200, which goes a long way towards paying his monthly mortgage repayments of €1,614. He hopes to move back into the house eventually, when a high street mortgage provider agrees to give him a cheaper loan.

The case highlights the legal uncertainty surrounding back-garden structures, which are becoming increasingly popular as houseowners opt to extend their living space rather than go to the expense of moving house. While the structure itself may be an exempted building, its use for commercial purposes or as a public space or habitable dwelling usually needs planning permission.