Arklow Town Council -v- Arklow Holidays Ltd & Anor [2013] IEHC 37 (01 February 2013)

Arklow Town Council -v- Arklow Holidays Ltd & Anor [2013] IEHC 37 (01 February 2013)

The Court held that Condition 1 of the planning permission granted by An Bord Pleanála in 2005 incorporated the application and plans, which specified a ten-year duration. This incorporation satisfies the statutory requirement to 'specify' the period under section 3 of the 1982 Act. Therefore, the permission is for...

Source-derived case information.

Citation
[2013] IEHC 37
Parties
Plaintiff: Arklow Town Council; First Defendant: Arklow Holidays Limited; Second Defendant: Seabank Property Company Limited
Jurisdiction
Ireland
Judgment Date
01 February 2013
Procedural Posture
Plenary Summons / Determination of Preliminary Issue
Outcome
preliminary issue determined in favour of plaintiff
Legal Topics
Duration of Planning Permission, Statutory Interpretation, Incorporation of Application Documents, Injunctive Relief
Planning Law Administrative Law Duration of Planning Permission Statutory Interpretation Incorporation of Application Documents Injunctive Relief

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Summary, issues, holding and outcome

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Parties

Arklow Town Council

Plaintiff

Arklow Holidays Limited

First Defendant

Seabank Property Company Limited

Second Defendant

Procedural Posture

Plenary Summons / Determination of Preliminary Issue

Legal Issues

  1. 1 Whether the planning permission granted by An Bord Pleanála in 2005 was for five or ten years
  2. 2 Whether the duration was 'specified' as required by statute or defaults to five years
  3. 3 Whether reference to plans and particulars in the permission incorporates the application and its requested duration

Ratio Decidendi

The Court held that Condition 1 of the planning permission granted by An Bord Pleanála in 2005 incorporated the application and plans, which specified a ten-year duration. This incorporation satisfies the statutory requirement to 'specify' the period under section 3 of the 1982 Act. Therefore, the permission is for ten years, not five, and has not expired.

Court Disposition

preliminary issue determined in favour of plaintiff

Orders

  • Planning permission granted by An Bord Pleanála in 2005 is for ten years and has not expired.