Kelly Dunne & Ors v Guessford Ltd (Approved) [2022] IECA 223 (12 October 2022)

Kelly Dunne & Ors v Guessford Ltd (Approved) [2022] IECA 223 (12 October 2022)

The planning permission, properly construed, authorises only the recycling of construction and demolition waste. The acceptance and treatment of other waste types, including commercial, municipal, and household waste, is not permitted. The facility's activities exceeded the scope of the permission and constituted unauthorised development.

Citation
[2022] IECA 223
Parties
Applicants/respondents: Elaine Kelly Dunne, Noel Moore, Ann Flynn, David Kelly, Annette McGrath, Louise O’Sullivan, Claire Moore, Matt Kelly and Michael Kelly; Respondent/appellant: Guessford Limited trading as Oxigen Environmental
Jurisdiction
Ireland
Judgment Date
12 October 2022
Procedural Posture
Civil Appeal / Judgment on Appeal From High Court
Outcome
Appeal dismissed; High Court orders affirmed.
Legal Topics
Interpretation of Planning Permissions, Enforcement of Planning Conditions, Waste Facility Operations, Material Change of Use, Scope of Planning Permission, Section 160 Planning and Development Act 2000
Planning Law Environmental Law Interpretation of Planning Permissions Enforcement of Planning Conditions Waste Facility Operations Material Change of Use Scope of Planning Permission Section 160 Planning and Development Act 2000

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Parties

Elaine Kelly Dunne, Noel Moore, Ann Flynn, David Kelly, Annette McGrath, Louise O’Sullivan, Claire Moore, Matt Kelly and Michael Kelly

Applicants/respondents

Guessford Limited trading as Oxigen Environmental

Respondent/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal From High Court

Legal Issues

  1. 1 What is the scope of planning permission No. PL2/09/439?
  2. 2 Does the planning permission authorise the acceptance and treatment of waste other than construction and demolition waste?
  3. 3 Was the operation of the waste facility in breach of planning permission?

Ratio Decidendi

The planning permission, properly construed, authorises only the recycling of construction and demolition waste. The acceptance and treatment of other waste types, including commercial, municipal, and household waste, is not permitted. The facility's activities exceeded the scope of the permission and constituted unauthorised development.

Court Disposition

Appeal dismissed; High Court orders affirmed.

Orders

  • Prohibition on accepting any waste at the facility other than construction and demolition waste.
  • Express prohibition on acceptance of mixed dry recyclables, waste from household or commercial skips, or waste from civic amenity sites.