McGovern v. Dublin Corporation [1999] IEHC 89; [1999] 2 ILRM 314 (22nd January, 1999)

McGovern v. Dublin Corporation [1999] IEHC 89; [1999] 2 ILRM 314 (22nd January, 1999)

Default planning permission under section 26(4) of the 1963 Act is only available for developments that are 'normally permissible' under the relevant development plan. The applicant's proposal for a 21-bedroom guesthouse exceeded the maximum allowed and was not 'normally permissible' or even 'open for consideration' as defined. Therefore, the applicant was not entitled to default permission, and the planning authority's subsequent grant of permission was valid.

Citation
[1999] IEHC 89
Parties
Applicant: Applicant Developer; Respondent: Respondent Planning Authority
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Judgment
Outcome
Application dismissed
Legal Topics
Planning Permission by Default, Zoning Objectives, Material Contravention, Statutory Interpretation
Planning Law Administrative Law Planning Permission by Default Zoning Objectives Material Contravention Statutory Interpretation

Case Brief

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Parties

Applicant Developer

Applicant

Respondent Planning Authority

Respondent

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the applicant was entitled to planning permission by default under section 26(4) of the Local Government (Planning and Development) Act, 1963
  2. 2 Whether the proposed development was within the 'normally permissible' or 'open for consideration' categories under the development plan
  3. 3 Whether exceeding the maximum number of rooms for a guesthouse constituted a material contravention

Ratio Decidendi

Default planning permission under section 26(4) of the 1963 Act is only available for developments that are 'normally permissible' under the relevant development plan. The applicant's proposal for a 21-bedroom guesthouse exceeded the maximum allowed and was not 'normally permissible' or even 'open for consideration' as defined. Therefore, the applicant was not entitled to default permission, and the planning authority's subsequent grant of permission was valid.

Court Disposition

Application dismissed

Orders

  • Planning permission granted by the authority on 27th May, 1997 is valid
  • Order of An Bord Pleanala on 24th October, 1997 is valid