The charge related to the unauthorised erection of an area of wooden decking without the necessary grant of planning permission at their property in Castle Balfour Demesne, Lisnaskea. 

 The council had issued an enforcement notice requiring the removal of the wooden decking to property owners, Derek and Diane Kerr.

This notice was appealed by Derek Kerr to the Planning Appeals Commission. The PAC dismissed the appeal, finding that the decking had a negative impact on the privacy and residential amenity of the neighbouring properties and that the suggested mitigating planting would not be a viable permanent solution to address the impact. 

Derek and Diane Kerr entered a guilty plea for failing to comply with the notice. They were convicted for failing to comply with the notice and were fined and also made to pay an offenders levy, court fees and legal costs.

A council spokesman said, “Fermanagh and Omagh District Council attaches great importance to the protection and enhancement of the natural and built environments of the district through the planning process. Compliance with and respect for that process are both essential and expected, and the Council will not condone wilful breaches of planning control.

Complaints are investigated thoroughly and where necessary formal action is taken through the issuing of an Enforcement Notice to secure remedial action and removal of unauthorised works. Where a Notice is not complied with, then the Council may also prosecute for offences, as has been the case in this instance.”