Abbeydrive Developments Ltd -v- Kildare County Council [2005] IEHC 480 (29 November 2005)

Abbeydrive Developments Ltd -v- Kildare County Council [2005] IEHC 480 (29 November 2005)

Default planning permission does not arise where the application is not within the development plan or is merely open for consideration but not normally permitted; the applicant failed to demonstrate that the application was consistent with the development plan, and the court is reluctant to grant default permission in such circumstances.

Citation
[2005] IEHC 480
Parties
Applicant: Abbeydrive Developments Limited; Respondent: Kildare County Council
Jurisdiction
Ireland
Judgment Date
29 November 2005
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application refused
Legal Topics
Default Planning Permission, Material Contravention of Development Plan, Compliance With Planning Regulations
Planning Law Administrative Law Default Planning Permission Material Contravention of Development Plan Compliance With Planning Regulations

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Parties

Abbeydrive Developments Limited

Applicant

Kildare County Council

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether a default planning permission arises when the planning authority fails to make a decision within the statutory period
  2. 2 Whether the planning application was in material contravention of the relevant development plan
  3. 3 Whether the application complied with the Planning and Development Regulations, 2001

Ratio Decidendi

Default planning permission does not arise where the application is not within the development plan or is merely open for consideration but not normally permitted; the applicant failed to demonstrate that the application was consistent with the development plan, and the court is reluctant to grant default permission in such circumstances.

Court Disposition

Application refused