O'Mara & Anor v. Morrison [2003] IESC 53 (13 October 2003)

O'Mara & Anor v. Morrison [2003] IESC 53 (13 October 2003)

The proposed works to widen the driveway constituted a breach of the restrictive covenants as they fell outside the expressly permitted development and substantially altered the nature and privacy of the property, which the covenants were intended to protect.

Citation
[2003] IESC 53
Parties
Plaintiff/respondent: Alphonsus O'Mara; Plaintiff/respondent: Claudia O'Mara; Defendant/appellant: Van Morrison
Jurisdiction
Ireland
Judgment Date
13 October 2003
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Restrictive Covenants, Easements, Injunctions, Planning Permission
Property Law Equity Restrictive Covenants Easements Injunctions Planning Permission

Case Brief

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Parties

Alphonsus O'Mara

Plaintiff/respondent

Claudia O'Mara

Plaintiff/respondent

Van Morrison

Defendant/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether proposed works to widen a driveway constituted a breach of restrictive covenants
  2. 2 Whether planning permission was required for the works
  3. 3 Whether the works constituted trespass or interference with rights of way

Ratio Decidendi

The proposed works to widen the driveway constituted a breach of the restrictive covenants as they fell outside the expressly permitted development and substantially altered the nature and privacy of the property, which the covenants were intended to protect.

Court Disposition

Appeal dismissed

Orders

  • High Court order affirmed
  • No alteration to the terms of the High Court order as a result of the subsequent refusal by An Bord Pleanála