Arthur v. Kerry County Council [2000] IEHC 164; [2000] 3 IR 407; [2000] 2 ILRM 414 (9th February, 2000)

Arthur v. Kerry County Council [2000] IEHC 164; [2000] 3 IR 407; [2000] 2 ILRM 414 (9th February, 2000)

Section 13 of the Local Government (Planning and Development) Act, 1990 does not permit the service of a second notice outside the three-month period after a compensation claim is made; the second notice served by the Respondent was void as it was outside the statutory time limit; the Applicant's right to compensation revived after the annulment of the first notice.

Citation
[2000] 2 ILRM 414
Parties
Applicant: Arthur; Respondent: Kerry County Council
Jurisdiction
Ireland
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Application granted in part
Legal Topics
Statutory Interpretation, Compensation for Refusal of Planning Permission, Local Government Powers, Planning and Development Acts
Administrative Law Planning Law Statutory Interpretation Compensation for Refusal of Planning Permission Local Government Powers Planning and Development Acts

Case Brief

Summary, issues, holding and outcome

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Parties

Arthur

Applicant

Kerry County Council

Respondent

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether a planning authority can serve a second notice under Section 13 of the Local Government (Planning and Development) Act, 1990 outside the three-month period after a compensation claim is made
  2. 2 Whether the second notice served by the Respondent was valid
  3. 3 Whether the Applicant's right to compensation revived after the annulment of the first notice

Ratio Decidendi

Section 13 of the Local Government (Planning and Development) Act, 1990 does not permit the service of a second notice outside the three-month period after a compensation claim is made; the second notice served by the Respondent was void as it was outside the statutory time limit; the Applicant's right to compensation revived after the annulment of the first notice.

Court Disposition

Application granted in part

Orders

  • Certiorari granted quashing the Respondent's notice dated 21 May 1999 under Section 13 of the 1990 Act
  • Declaration granted that the notice dated 21 May 1999 is ultra vires, void and of no effect