Wicklow County Council -v- Forest Fencing Ltd t/a Abwood Homes & Anor [2007] IEHC 242 (13 July 2007)

Wicklow County Council -v- Forest Fencing Ltd t/a Abwood Homes & Anor [2007] IEHC 242 (13 July 2007)

No default planning permission arose because the planning application was only validly completed on 10 September 2002, and a valid request for further information was made within the statutory period, suspending the running of time. The development as built materially contravened the County Development Plan and was not in conformity with any permission sought. The court is obliged to grant injunctive relief under s. 160 of the Planning and Development Act 2000 as there is no planning permission for the development and it is in material contravention of the plan.

Citation
[2007] IEHC 242
Parties
Applicant/respondent: The County Council of the County of Wicklow; Respondent/appellant: Forest Fencing Limited trading as Abwood Homes; Respondent/appellant: George Smullen
Jurisdiction
Ireland
Judgment Date
13 July 2007
Procedural Posture
Planning Injunction Appeal / High Court Appeal From Circuit Court Orders Granting Injunctions
Outcome
Appeal dismissed; injunctions granted
Legal Topics
Default Planning Permission, Material Contravention of Development Plan, Injunctive Relief Under Planning and Development Act 2000, Validity of Planning Applications, Discretion in Granting Injunctions
Planning Law Administrative Law Default Planning Permission Material Contravention of Development Plan Injunctive Relief Under Planning and Development Act 2000 Validity of Planning Applications Discretion in Granting Injunctions

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Parties

The County Council of the County of Wicklow

Applicant/respondent

Forest Fencing Limited trading as Abwood Homes

Respondent/appellant

George Smullen

Respondent/appellant

Procedural Posture

Planning Injunction Appeal / High Court Appeal From Circuit Court Orders Granting Injunctions

Legal Issues

  1. 1 Whether a default planning permission arose by operation of law under s. 34(8) of the Planning and Development Act 2000
  2. 2 Whether the development materially contravened the County Development Plan
  3. 3 Whether the development as built conformed to any planning permission sought or obtained

Ratio Decidendi

No default planning permission arose because the planning application was only validly completed on 10 September 2002, and a valid request for further information was made within the statutory period, suspending the running of time. The development as built materially contravened the County Development Plan and was not in conformity with any permission sought. The court is obliged to grant injunctive relief under s. 160 of the Planning and Development Act 2000 as there is no planning permission for the development and it is in material contravention of the plan.

Court Disposition

Appeal dismissed; injunctions granted

Orders

  • Injunctive relief granted pursuant to s. 160 of the Planning and Development Act 2000 as to the first notice of motion (except the first two paragraphs, no longer sought) and as to the second notice of motion in its entirety.