Portrush man fined again for keeping pigeons

John Edgar of Girona Crescent had already been convicted of failing to comply with Planners who told him to get rid of the pigeon loft and had appealed the conviction.

The appeal was affirmed and Mr Edgar appeared at Northern Antrim Magistrates' Court on Friday for once again failing to comply with the Planners' enforcement notice.

A Prosecutor for the Planning Service called planning enforcement officer, Paul McGowan, into the witness box.

Mr McGowan confirmed that he had visited the Girona Crescent house on Thursday, the day before the court sitting, and confirmed that the loft was still in place.

He also confirmed that he witnessed a number of pigeons flying around and a number sitting on the roof of the house.

He confirmed that the enforcement notice had not been complied with.

District Judge Richard Wilson told the defendant, Mr Edgar, that they were not in court on Friday to decide why Planners had made their decision but they were there because Mr Edgar still had not complied with the enforcement notice to remove the loft.

Mr Edgar said that he was not keeping pigeons but "domestic birds" and argued that because of this definition he should be allowed to keep them.

Mr Wilson reminded the defendant that he told him during his last court appearance that perhaps if he found somewhere else for the pigeons then the loft would be OK.

"It's the keeping of the pigeons that's the problem, not the building," he said.

"You have also been convicted. You appealed it and it was affirmed on appeal and yet you are back again.

"How can you persuade me to make a different decision? I am faced with a fait accompli and it has not been complied with."

The owner of the Girona Crescent house, Mrs Annette Wiggins, then took the stand to speak on behalf of Mr Edgar who broke down in tears.

She said that Mr Edgar was on the verge of a nervous breakdown because of the case and said that he had actually written a suicide note.

"We have been living like this for eight years now. And all just because he loves his pigeons," she said.

"There are 200 pigeon fanciers in the Coleraine area and six of them have planning permission for lofts. This man's life is in tatters," she said.

District Judge Wilson said that he had tried to be as sympathetic as he could but said that Mr Edgar was guilty of failing to comply with the enforcement notice.

He said that he was initially fined a "modest sum" of 75, then he was fined double that figure and instructed Edgar that the maximum penalty he could face was a 30,000 fine.

"Yet you still insist on keeping pigeons despite the court decision," he added.

Edgar was fined 300 for failing to comply with the enforcement notice. He was also ordered to pay costs of 500 and court costs of 19.

He immediately said he would appeal the decision. Bail for the appeal was set at 200.