Casey v BioAtlantis Aquamaritime Ltd (Unapproved) [2022] IECA 222 (11 October 2022)

Casey v BioAtlantis Aquamaritime Ltd (Unapproved) [2022] IECA 222 (11 October 2022)

Mechanical harvesting of wild kelp as proposed does not constitute 'development' within the meaning of the Planning and Development Act, 2000, as it is neither 'works' nor a material change of use of land; even if it were, the activity does not occur on foreshore 'adjoining' the functional area of Cork County Council, and thus does not require planning permission.

Citation
[2022] IECA 222
Parties
Applicant/appellant: John Casey; Respondent/respondent: BioAtlantis Aquamarine Limited; Notice Party/respondent: Minister for Housing Planning and Local Government
Jurisdiction
Ireland
Judgment Date
11 October 2022
Procedural Posture
Appeal From High Court (section 160 Planning and Development Act, 2000 Application) / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Foreshore Licensing, Definition of Development, Planning Permission Requirements, Material Change of Use, Interpretation of 'adjoin' in Planning Context
Planning Law Environmental Law Administrative Law Foreshore Licensing Definition of Development Planning Permission Requirements Material Change of Use Interpretation of 'adjoin' in Planning Context

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Parties

John Casey

Applicant/appellant

BioAtlantis Aquamarine Limited

Respondent/respondent

Minister for Housing Planning and Local Government

Notice Party/respondent

Procedural Posture

Appeal From High Court (section 160 Planning and Development Act, 2000 Application) / Judgment on Appeal

Legal Issues

  1. 1 Does mechanical harvesting of wild kelp constitute 'development' under the Planning and Development Act, 2000?
  2. 2 Does such development, if any, adjoin the functional area of Cork County Council so as to require planning permission?
  3. 3 Is there a material change of use or 'works' involved in the activity?

Ratio Decidendi

Mechanical harvesting of wild kelp as proposed does not constitute 'development' within the meaning of the Planning and Development Act, 2000, as it is neither 'works' nor a material change of use of land; even if it were, the activity does not occur on foreshore 'adjoining' the functional area of Cork County Council, and thus does not require planning permission.

Court Disposition

Appeal dismissed

Orders

  • Application for planning injunction refused
  • Declaration that mechanical kelp harvesting is not unauthorised development refused