The two storey building in Carrickmore, St Johnston, the property of Joe Lynch, was granted a stay on the demolition order to April 30, 2009, by Judge John O'Hagan.

The court heard from barrister for Donegal County Council, Declan McHugh BL, who said the house was not built in accordance with at least two planning permission conditions in the first instance.

He said in November 2003 a complaint was received, alleging the building was not constructed in accordance with the approved planning for the site.

In January, 2004, on inspection it was learned the house was built 20 metres to the west of its proposed location and had a higher ridge line and "knock on" technical breaches, which were not in accordance with the planning conditions.

The court heard Joe Lynch applied for retention planning to Donegal County Council, which was granted with a number of conditions attached. However, An Bord Pleannala refused permission for the development.

Barrister, Peter Nolan BL, for the defence, said the owner and his two teenage children were residing in the house, which cost e250,000 to build, and added the present location of the house proved more suitable for the location of the septic tank on the site.

He said the sole objector to the house was the owner from a holiday home owner who resided in Dundalk and whose mother lived in the house two days a week. He told the court the objection stemmed from a "personal vendetta" with Mr Lynch's brother, adding "the fact is he can object" and sought a further moratorium.

Judge O'Hagan said he took "no pleasure" in granting the order but outlined that the fact was the house was built in the "wrong place."

"I must grant the order. It gives me no pleasure but I will put a stay on it to April 30, 2009. It gives me no pleasure to do this at all," he stated.