Kildare County Council v. Goode [1999] IESC 43; [1999] 2 IR 495; [2000] 1 ILRM 347 (18th May, 1999)

Kildare County Council v. Goode [1999] IESC 43; [1999] 2 IR 495; [2000] 1 ILRM 347 (18th May, 1999)

The extraction of sand and gravel on the lands did not constitute an uncompleted works development as of the appointed day (1 October 1964) under the Planning Acts. Any pre-1964 activity had been abandoned or was so sporadic and haphazard that it did not amount to a continuing development. The present operations constituted a new and intensified use, requiring planning permission. The concepts of abandonment and intensification apply to works developments. The five-year limitation period did not bar the Council's application, as enforcement steps had been taken within the period and the use had ceased and recommenced.

Citation
[1999] IESC 43
Parties
Applicant/respondent: The County Council of the County of Kildare; Respondent/appellant: Thomas P. Goode; Respondent/appellant: Teresa Goode; Respondent/appellant: Goode Concrete
Jurisdiction
Ireland
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court Order Restraining Use of Lands for Sand and Gravel Extraction
Outcome
Appeal dismissed
Legal Topics
Development Permission, Abandonment and Intensification of Use, Works Vs Use Development, Retrospective Planning Control, Extractive Industries
Planning Law Administrative Law Property Law Development Permission Abandonment and Intensification of Use Works Vs Use Development Retrospective Planning Control Extractive Industries

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

The County Council of the County of Kildare

Applicant/respondent

Thomas P. Goode

Respondent/appellant

Teresa Goode

Respondent/appellant

Goode Concrete

Respondent/appellant

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court Order Restraining Use of Lands for Sand and Gravel Extraction

Legal Issues

  1. 1 Whether extraction of sand and gravel constituted a 'works development' or 'use development' under the Planning Acts
  2. 2 Whether pre-1964 extraction activity could be continued without further permission
  3. 3 Whether the concepts of abandonment and intensification apply to works developments commenced before the appointed day

Ratio Decidendi

The extraction of sand and gravel on the lands did not constitute an uncompleted works development as of the appointed day (1 October 1964) under the Planning Acts. Any pre-1964 activity had been abandoned or was so sporadic and haphazard that it did not amount to a continuing development. The present operations constituted a new and intensified use, requiring planning permission. The concepts of abandonment and intensification apply to works developments. The five-year limitation period did not bar the Council's application, as enforcement steps had been taken within the period and the use had ceased and recommenced.

Court Disposition

Appeal dismissed

Orders

  • Relief granted by the High Court restraining the use of the lands for sand and gravel extraction is affirmed.