Camiveo Ltd v Dunnes Stores [2019] IECA 138 (09 May 2019)

Camiveo Ltd v Dunnes Stores [2019] IECA 138 (09 May 2019)

The planning permission, construed objectively and in context, required pedestrian linkages between Edward Square and Eyre Square Shopping Centres via the main doors of the Dunnes anchor unit during trading hours. Closure of the doors constituted a material breach of planning permission and of lease covenants requiring compliance with statutory and planning obligations. The absence of an express planning condition was immaterial given the clear and specific commitment in the planning documentation.

Citation
[2019] IECA 138
Parties
Plaintiff/respondent: Camiveo Limited; Defendant/appellant: Dunnes Stores
Jurisdiction
Ireland
Judgment Date
09 May 2019
Procedural Posture
Civil Appeal / Judgment on Appeal From High Court
Outcome
Appeal dismissed; High Court orders affirmed.
Legal Topics
Interpretation of Planning Permissions, Lease Covenants, Pedestrian Access Rights, Breach of Planning Conditions, Remedies for Breach of Lease
Property Law Planning Law Landlord and Tenant Law Interpretation of Planning Permissions Lease Covenants Pedestrian Access Rights Breach of Planning Conditions Remedies for Breach of Lease

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Parties

Camiveo Limited

Plaintiff/respondent

Dunnes Stores

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the planning permission for Edward Square Shopping Centre required pedestrian linkages via the main doors of the Dunnes anchor unit to Eyre Square Shopping Centre
  2. 2 Whether closure of the doors by Dunnes constituted a breach of planning permission and lease covenants
  3. 3 Whether the lease covenants obliged Dunnes to maintain pedestrian access in accordance with planning permission

Ratio Decidendi

The planning permission, construed objectively and in context, required pedestrian linkages between Edward Square and Eyre Square Shopping Centres via the main doors of the Dunnes anchor unit during trading hours. Closure of the doors constituted a material breach of planning permission and of lease covenants requiring compliance with statutory and planning obligations. The absence of an express planning condition was immaterial given the clear and specific commitment in the planning documentation.

Court Disposition

Appeal dismissed; High Court orders affirmed.

Orders

  • Dunnes restrained from disabling the automatic opening mechanism of the doors during trading hours.
  • Dunnes ordered to keep the doors open during trading hours.