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 prior to 1 October 1964 did not constitute an uncompleted development that could be continued indefinitely without permission. The evidence showed abandonment and/or significant intensification, amounting to a new development requiring planning permission. The concepts of abandonment and intensification apply to both works and use developments. The appeal was dismissed and the High Court order restraining the use was upheld.

Citation
[2000] 1 ILRM 347
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 Following Appeal From High Court Order Restraining Use of Land for Sand and Gravel Extraction
Outcome
Appeal dismissed
Legal Topics
Development Permission, Abandonment of Use, Intensification of Use, Works Development, Use Development, Retrospective Planning Control
Planning Law Administrative Law Development Permission Abandonment of Use Intensification of Use Works Development Use Development Retrospective Planning Control

Case Brief

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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 Following Appeal From High Court Order Restraining Use of Land for Sand and Gravel Extraction

Legal Issues

  1. 1 Whether extraction of sand and gravel constituted a 'works development' or 'use development' under the Local Government (Planning and Development) Act 1963
  2. 2 Whether the concepts of abandonment and intensification apply to works commenced before the appointed day (1 October 1964)
  3. 3 Whether planning permission was required for resumed or intensified extraction after periods of abandonment

Ratio Decidendi

The extraction of sand and gravel on the lands prior to 1 October 1964 did not constitute an uncompleted development that could be continued indefinitely without permission. The evidence showed abandonment and/or significant intensification, amounting to a new development requiring planning permission. The concepts of abandonment and intensification apply to both works and use developments. The appeal was dismissed and the High Court order restraining the use was upheld.

Court Disposition

Appeal dismissed

Orders

  • Order of the High Court restraining the use of the lands for sand and gravel extraction and ancillary purposes affirmed