Well-known Letterkenny businessman Tony Kelly has won his court battle to keep a car-wash business on his premises.
Tony Kelly will continue to operate car wash
The car-dealer had been taken to court by Letterkenny Town Council who claimed he did not have planning permission to have the business on his property at Pearse Road.
Mr Kelly argued that he had been compliant with all requests from the council.
At Letterkenny District Court yesterday, Judge Paul Kelly ruled in Mr Kelly’s favour.
He did find him guilty of non-compliance and fined him €100.
Mr Kelly had argued that he had always operated a car wash from his premises.
However solicitors for the council argued that there had ben a clear change of use from Mr Kelly’s original car salesrooms.
The court also heard that a third party, operating the business on Mr Kelly’s site adjacent to Century Cinemas, were paying their rates to Letterkenny Town Council.
Letterkenny Town Council had previously questioned if operators of a number of such car washes had been compliant with water rates and other levies.
The matter had been discussed on a number of occasions at Letterkenny Town Council meetings where councillors raised the issue.
Councillors had claimed that some car washes had been operating without paying water charges which they said was unfair to other garages paying water rates to operate car washes.
Speaking to Donegal Daily, Mr Kelly said he was delighted with the decision.
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