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 does not constitute a material change of use requiring planning permission, as such occasional uses are covered by s. 40 of the Local Government (Planning and Development) Act 1963, which exempts them from planning control if such uses occurred prior to the appointed day. The planning code is not intended to regulate transient events of this nature.

Citation
[1999] 1 ILRM 481
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
Appeal (supreme Court) / Judgment on Appeal From High Court
Outcome
Appeal allowed; High Court order reversed
Legal Topics
Material Change of Use, Planning Permission for Transient Events, Interpretation of S. 3 and S. 40 Local Government (planning and Development) Act 1963, Intensification of Use, Temporary Structures and Events
Planning Law Administrative Law Property Law Material Change of Use Planning Permission for Transient Events Interpretation of S. 3 and S. 40 Local Government (planning and Development) Act 1963 Intensification of Use Temporary Structures and Events

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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

Appeal (supreme Court) / Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the holding of pop concerts and other non-sporting events at Lansdowne Road constitutes a material change of use requiring planning permission under the Local Government (Planning and Development) Act 1963
  2. 2 Whether such occasional or transient uses are exempted from planning control by s. 40 of the 1963 Act
  3. 3 Whether the erection of temporary structures (such as stages) for such events constitutes development requiring permission

Ratio Decidendi

The holding of occasional pop concerts or similar events at Lansdowne Road does not constitute a material change of use requiring planning permission, as such occasional uses are covered by s. 40 of the Local Government (Planning and Development) Act 1963, which exempts them from planning control if such uses occurred prior to the appointed day. The planning code is not intended to regulate transient events of this nature.

Court Disposition

Appeal allowed; High Court order reversed

Orders

  • Declaration that the holding of occasional pop concerts (or the like) at Lansdowne Road ground comes within the description of occasional use in s. 40 of the Local Government (Planning and Development) Act 1963
  • No planning permission required for such occasional events