Butler v. Dublin Corporation [1999] IESC 19; [1999] 1 IR 505; [1999] 1 ILRM 481 (22nd January, 1999)

Butler v. Dublin Corporation [1999] IESC 19; [1999] 1 IR 505; [1999] 1 ILRM 481 (22nd January, 1999)

The holding of occasional pop concerts or similar events at Lansdowne Road stadium does not constitute a material change of use requiring planning permission, as such occasional uses are covered by s. 40 of the 1963 Act and do not amount to 'development' for planning purposes.

Citation
[1999] IESC 19
Parties
Plaintiffs/appellants: Ronald Richard Butler, Sir Ewart Bell, Arthur Robert Dawson, Thomas Joseph Kiernan as Trustees of the Irish Rugby Football Union; Defendants/respondents: The Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin
Jurisdiction
Ireland
Procedural Posture
Judicial Review Appeal / Supreme Court Appeal From High Court
Outcome
Appeal allowed; High Court order reversed.
Legal Topics
Material Change of Use, Planning Permission, Temporary/occasional Use, Development Definition, Intensification of Use
Planning Law Administrative Law Property Law Material Change of Use Planning Permission Temporary/occasional Use Development Definition Intensification of Use

Case Brief

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Parties

Ronald Richard Butler, Sir Ewart Bell, Arthur Robert Dawson, Thomas Joseph Kiernan as Trustees of the Irish Rugby Football Union

Plaintiffs/appellants

The Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin

Defendants/respondents

Procedural Posture

Judicial Review Appeal / Supreme Court Appeal From High Court

Legal Issues

  1. 1 Whether the holding of pop concerts and other non-sporting events at Lansdowne Road stadium constitutes a material change of use requiring planning permission under the Local Government (Planning and Development) Acts.
  2. 2 Whether such occasional or transient events are exempt from planning control under s. 40 of the 1963 Act.

Ratio Decidendi

The holding of occasional pop concerts or similar events at Lansdowne Road stadium does not constitute a material change of use requiring planning permission, as such occasional uses are covered by s. 40 of the 1963 Act and do not amount to 'development' for planning purposes.

Court Disposition

Appeal allowed; High Court order reversed.

Orders

  • Declaration that the holding of occasional pop concerts or similar events at Lansdowne Road ground comes within the description of occasional use in s. 40 of the Local Government (Planning and Development) Act, 1963.