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High Court allows appeal from the Circuit Court and finds that works carried out on a site were an unauthorised development; and the court orders that the respondent restore the site to its prior condition.
Planning and development - appeal from the Circuit Court – works carried out on lands – applicants sought injunctions from Circuit Court restraining the works – proceedings issued – exchange of affidavits – Circuit Court dismissed the application - planning and other history of the site - relevance of the planning history of the site – refusal of planning permission to build dwelling house in 2002 – 2009 clearance works - facilitated the Cork County Council by enabling the site to be used as a form of “staging post” - public open space - section 160 of the Planning and Development Act 2000 – unauthorized works – works – discretion – north west drain – south west drain - stream through centre of site - entrance gateway – removal of trees – site levels - discretionary matters – conduct of the applicants - communications with Cork County Council - scale of works – works constituted unauthorised development - appeal allowed –
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