The Department of Communications, Marine and Natural Resources warned that it is about to take legal action against the owner of a Georgian home who yesterday continued with an unauthorised marina development just a week after being issued with an ultimatum.
A spokeswoman for the department said that its officials were aware of the most recent development at Oysterhaven, Co Cork, when a barge arrived yesterday morning and unloaded two 30-foot steel gangways to connect an unauthorised marina pontoon with a jetty.
"The department is aware of the situation and is monitoring it and legal proceedings are imminent," said the department spokeswoman in response to the arrival and installation of the connecting gangways between the pontoon and the jetty or catwalk.
Last week, the department gave Paul Rafferty of Walton Court seven days to comply with an instruction from the Chief State Solicitor's office and a spokesman said the department viewed Mr Rafferty as being"seriously in breach of his foreshore licence". The department had originally written to Mr Rafferty in October 2005 instructing him to remove all works from the foreshore currently occupied by him and to restore the area to its former condition within six weeks.
The department said in the letter that its engineering division had carried out a site inspection last year which revealed that structures, including a slipway, pontoon and walkway approved under foreshore leases granted in September 2003 had not been built to authorised plan.
The slipway inhibited public access across the shoreline due to its height and mooring anchors for the pontoon had been installed "outside the lease area", extending "too far into the harbour", the department said in its letter.
This was in breach of Section 12 of the 1933-2005 Foreshore Acts. Under this section, an application may be made to the District Court for an order requiring the removal of any such structures.
Cork County Council has also found the development to be in breach of planning approval granted by An Bord Pleanála in 1999 with a pier/slipway not built according to plan and a pontoon and catwalk being built in the wrong place.
Attempts by The Irish Times to contact Mr Rafferty yesterday for comment were unsuccessful. Mr Rafferty began restoring the 18th century mansion in 1996 and it now includes four self-catering cottages and seven duplex apartments which, according to Walton Court's website, enables the owners to "provide exclusive and characterful five-star accommodation for up to 50 guests with private marina facilities".
