Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
High Court, in planning and development judicial review proceedings, quashes planning board's decisions deeming a change of use at a property from a nursing home to a residential drug rehabilitation facility to be 'development' and not 'exempted development', on the grounds that the legislative scheme does not provide the board with powers to make such determinations on foot of statutory referrals where the avenue of judicial review is the appropriate forum upon which to seek relief; and thus the board acted ultra vires its powers in making the determinations now impugned.
Judicial review - planning and development - decisions of planning board deeming a 'change of use' as 'development' - decisions made on foot of statutory referrals - change of use of nursing home development to a residential drug rehabilitation facility is development - applicable legislative provisions - declaration and referral on development and exempted development, planning register, appeal board and judicial review statutory regime - whether board precluded from determining referrals where Council had previously so determined - whether referrals a collateral challenge - whether Board and its inspector's conclusions wrong in law - whether Board took into account irrelevant consideration when making determination on change of use - applicable of principles of res judicata - statutory interpretation - Board's powers including discretionary powers - affidavit evidence before court - findings of fact - chronology of decisions - proposals for use of property and Board's engagement with facts - caselaw to be applied - no evidence of change in planning facts or circumstances at material time - Board did not have power to make decisions in respect of an attempt by notice parties to question council's decision other than by way of judicial review - board's decisions breached legislative framework of board's powers - ultra vires acts - circumvention of judicial review procedure - inspector's view incorrect - board not obliged to determine referrals - nature and status of a section 5 declaration - very significant sums of money expended by applicant at property relevant in context of exercise of court's discretionary powers - legal certainty - guard against collateral attacks - decisions quashed
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only subject matter index for all Irish judgments over the past thirteen years. Click here to request a subscription.
Register Now