Ballymac Designer Village Ltd v. Louth County Council [2002] IESC 59 (31 July 2002)

Ballymac Designer Village Ltd v. Louth County Council [2002] IESC 59 (31 July 2002)

A section 13 notice is not invalid merely because the alternative development proposed would require a material contravention of the development plan. The planning authority is entitled to form the opinion that permission ought to be granted, even if the statutory procedure for material contravention must be followed. The statutory language does not require the authority to have unconditional power to grant permission at the time of the notice.

Citation
[2002] IESC 59
Parties
Applicant/respondent: Ballymac Designer Village Limited; Respondent/appellant: Louth County Council
Jurisdiction
Ireland
Judgment Date
31 July 2002
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court Order of Certiorari
Outcome
Appeal allowed
Legal Topics
Planning Permission, Material Contravention, Compensation for Refusal of Planning Permission, Interpretation of Statutory Notice Under Planning Legislation
Planning Law Administrative Law Compensation Law Planning Permission Material Contravention Compensation for Refusal of Planning Permission Interpretation of Statutory Notice Under Planning Legislation

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Parties

Ballymac Designer Village Limited

Applicant/respondent

Louth County Council

Respondent/appellant

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court Order of Certiorari

Legal Issues

  1. 1 Whether a planning authority can validly serve a section 13 notice proposing alternative development that would require a material contravention of the development plan
  2. 2 Whether such a notice is invalid if the permission for the alternative development could not lawfully be granted at the time of the notice

Ratio Decidendi

A section 13 notice is not invalid merely because the alternative development proposed would require a material contravention of the development plan. The planning authority is entitled to form the opinion that permission ought to be granted, even if the statutory procedure for material contravention must be followed. The statutory language does not require the authority to have unconditional power to grant permission at the time of the notice.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court quashing the section 13 notice set aside
  • Application for judicial review rejected