Planning

Local authority entitled to find that realignment of roadway complied with planning condition.

By Mark Tottenham BL in Birmingham J, Ireland High Court No Comments Tags: ,

Rowan v. Kerry County Council [2012] IEHC 65
(High Court, Birmingham J, 17 February 2012)

High Court refuses judicial review of decision by local authority to confirm that realignment of a public road was in compliance with planning condition.

Judicial review – planning – confirmation by local authority that public road had been realigned in compliance with planning condition – application for planning permission for construction of family home – payment of financial contribution – whether road had been realigned – whether realignment More

No security for costs in claim for costs incurred in abandoned planning application.

By Mark Tottenham BL in Charleton J No Comments Tags: , ,

County Monaghan Anti-Pylon Ltd v. Eirgrid PLC [2012] IEHC 103
(High Court, Charleton J, 30 March 2012)

High Court refuses to order security for costs in claim for costs incurred by plaintiff company in abandoned planning application.

Security for costs – s 390, Companies Act 1963 – claim by plaintiff company for costs incurred in planning process that was abandoned by the defendant – plaintiff company unable to pay costs of action – company established to oppose routing of More

Planning injunction refused.

By Mark Tottenham BL in Hedigan J No Comments Tags: ,

Smyth v. Dan Morrissey (Ireland) Ltd [2012] IEHC 14
(High Court, Hedigan J, 25 January 2012)

High Court refuses injunction to restrain development for alleged failure to comply with planning conditions. (Full text.)

Planning and development – application to restrain unauthorised developments, and to require compliance with planning permission – condition that works not commence until upgrade and improvement of road More

Notice party to judicial review of planning decision awarded one third of costs.

By Mark Tottenham BL in Charleton J No Comments Tags: , ,

J C Savage Supermarket Ltd v. An Bord Pleanala [2011] IEHC 488
(High Court, Charleton J, 22 November 2011)

High Court awards one third of costs to notice party where judicial review of planning decision withdrawn prior to hearing. (Full text.)

Judicial review – planning – costs of notice party where JR application withdrawn – planning permission granted to notice party for development of supermarket – judicial review commenced in relation to conditions – More

Local authority ordered to return planning contribution.

By Mark Tottenham BL in Hogan J No Comments Tags: ,

O’Malley Construction Company Ltd v. Galway County Council [2011] IEHC 440
(High Court, Hogan J, 15 September 2011)

High Court holds that applicant is entitled to return of €1,100,456 planning contribution where works to facilitate development not carried out, but applicant not entitled to return of €100,000 “goodwill gesture”. (Full text.)

Judicial review – planning contribution – whether works facilitated development in question – s. 26(2)(h), Local Government (Planning and Development) Act 1963 – construction of by-pass – failure to complete by-pass – More

Urrinbridge Ltd v. An Bord Pleanála – HC – Planning, withdrawal of appeal, jurisdiction of An Bord Pleanala

By Mark Tottenham BL in MacMenamin J No Comments Tags: ,

Urrinbridge Ltd v. An Bord Pleanála [2011] IEHC 400
(High Court, MacMenamin J, 28 October 2011)

High Court grants order of certiorari in respect of decision by An Bord Pleanala to refuse planning permission, where appeal withdrawn by objector prior to notification of decision. (Full text.)

Judicial review – refusal of planning permission – whether withdrawal of appeal by objector after deliberation and before determination had effect of depriving Board of jurisdiction – date of determination – ss 37(1) and 140(1)(a)(iv), More

McDowell v. Roscommon County Council – HC – Judicial review, planning, extension of time of planning permission

By Mark Tottenham BL in Finnegan J No Comments Tags: ,

McDowell v. Roscommon County Council [2004] IEHC 396 (21 December 2004)

High Court (Finnegan J) grants judicial review of decision by planning authority not to extend planning permission for property already under construction. (Full text.)

Judicial review – planning – decision by planning authority not to extend time of planning permission – purchase of property with benefit of planning permission – dwelling house under construction – application for extension of planning permission – whether dwelling under construction was that for which planning permission had been granted – s 42 Planning and Development Act 2000 – whether planning authority under obligation to extend planning permission where development already under construction.

State (McCoy) v Dun Laoghaire Corporation 1985 ILRM 533
Littondale Limited v Wicklow County Council 1996 2 ILRM 519
Garden Village Construction Company Limited v Wicklow County Council 1994 3 I.R. 413
Re Thomas Crowley 1964 I.R. 106
Kennedy v Law Society of Ireland, Supreme Court 20th December 2001
White v Dublin Corporation 2004 2 ILRM 509

Golden v. Kerry County Council – HC – Judicial review, planning application, time period

By Mark Tottenham BL in Hedigan J 1 Comment Tags: ,

Golden v. Kerry County Council [2011] IEHC 324 (29 July 2011)

High Court (Hedigan J) refuses leave to seek judicial review of decision by local authority that a planning application was invalid on grounds that it was out of time. (Full text.)

Judicial review – application for leave – decision to invalidate planning application – s 50 Planning and Development Act 2000 – Planning and Development (Strategic Infrastructure) Act 2006 – failure to lodge notice within two weeks of publication of newspaper notice and erection of site notice – 17(1) of the Planning and Development Regulations 2001 – requirement for environmental impact assessment – extraction of stone, gravel or clay – whether substantial grounds for contending that decision was invalid – s 18(h) of the Interpretation Act 2005 – interpretation of period of time – whether first day included in two-week period.

Paul Maye v. Sligo Borough Council [2007] 4 IR 678
Commission v Belgium Case C 230/00 [2001] E.C.R. 1-4591
State (Abenglen Properties Ltd.) v. Dublin Corporation [1984] I.R. 381
Maye v. Sligo Borough Council [2007] IEHC 146
McNamara v. An Bord Pleanala [1995] I.L.R.M 125
Mulhaire v. An Bord Pleanála [2007] IEHC 478

Arklow Holidays Ltd v An Bord Pleanala – SC – Judicial review, planning

By Mark Tottenham BL in Finnegan J No Comments Tags: , ,

Arklow Holidays Ltd v An Bord Pleanala [2011] IESC 29 (21 July 2011)

Supreme Court (Finnegan J, nem diss) dismisses appeal from High Court and affirms decision that, where a substantive point might have been raised in earlier proceedings, the rule in Henderson v. Henderson prevented it being raised in different proceedings against planning authority. (Full text.)

Judicial review – planning – point of law of exceptional public importance – issue estoppel – abuse of process- failure to raise point of objection in earlier proceedings – whether rule in Henderson v. Henderson could be relied upon to defeat application for judicial review of An Bord Pleanala where point could have been raised in earlier proceedings – application of rule on issue estoppel to public law challenges – European law – Convention on Human Rights – exercise of discretion whether to apply rule in Henderson – public policy considerations – Directive 2003/35/EC – whether application of directive could be used to displace Irish domestic law – whether right of access to the courts impaired – avoidance of multiplication of suits – whether provisions of Waste Framework Directive applied to development – whether failure of An Bord Pleanala to comply with EIA directives.

Henderson v. Henderson
AA v Medical Council [2003] 4 I.R. 302
AA v The Medical Council, Mitchell v Ireland [2005] I.E.H.C. 102
Akram v Minister for Justice [2004] 1 I.R. 452
Green Dale Building Company v Dublin County Council [1977] I.R. 256
Dublin City Council v Tallaght Block Company Limited [1982] I.L.R.M. 534
Illium Properties Limited v An Bord Pleanála and Dublin City Council, unreported, the High Court 16th December 2004
Fingal County Council v William P. Keeling & Sons Limited [2005] 2 I.R. 108
Mitchell v Ireland [2007] I.E.S.C. 11
Kraaijeveld BV v Holland [1996] ECR 1-05403
Friends of the Curragh Environment Limited v An Bord Pleanála, unreported, the High Court, Finlay Geoghegan J. 8th December 2006,
Harrington v An Bord Pleanála [2006] 1 I.R. 388
Lanceford Limited v An Bord Pleanála [1999] 2 I.R 270
Johnson v Gore Wood & Company [2001] 1 All E.R. 481
McQuaid v Malone, unreported, High Court, Geoghegan J. 29th January 1998
Downderry Construction Limited v Secretary of State for Transport, Local Government and the Regions [2002] E.W.H.C. 19,
Tower Hamlets LBC v Sherwood [2020] E.W.C.A. Civ. 229
Peterbroek [1995] E.C.R. 1-4599; [1995] E.C.R.1-4705
McNamara v An Bord Pleanála [1998] 3 I.R. 453
Re Green Dale Building Company [1977] I.R. 256
South Bucks DC v Flanagan [2002] 1 W.L.R. 2601
Talbot v Berkshire C.C. [1994] Q.B. 290
Barrow v Bankside Members Agency Ltd & Anor [1996] 1 All E.R. 985
Yat Tung Investment Co Ltd v Dao Heng Bank [1975] A.C. 58
Aministrazione delle Finanze dello Stato v Ariete SpA [1980] ECR 2545,
Frankovich v Italian Republic [1991] ECR 1-5357,
McNamara v An Bord Pleanála [1998] 3 I.R. 453
Kraaijeveld BV v Holland [1996] E.C.R.1 – 05403

McCaughey Developments Ltd v. Dundalk Town Council – Judicial review, planning, zoning of lands

By Mark Tottenham BL in Hedigan J No Comments Tags: ,

McCaughey Developments Ltd v. Dundalk Town Council [2011] IEHC 193 (10 May 2011)

High Court (Hedigan J) grants order of certiorari in respect of zoning of applicant’s lands as recreational, where applicant denied an opportunity to make submissions in respect of designation. (Full text.)

Judicial review – planning – development plan – “Recreation Amenity and Open Space” (RAO) land zoning objective – decision to designate applicant’s lands as RAO – extension of time to apply for judicial review – mapping error – whether decision irrational – fair procedures – natural and constitutional justice – whether applicant denied an opportunity to make submissions on designation of its lands.

O’Keeffe v. An Bord Pleanala [1993] 1 IR 39
Farrell and Another v. Limerick County Council (Unreported McGovern J. 17 June 2009)
F.P v. Minister for Justice [2002] I.L.R.R 16
Glencar Exploration plc v. Mayo County Council (No.2) [2002] 1 I.R. 84
P& F Sharpe Limited v. Dublin City and County Manager [1989] IR 704

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