O'Neill & Ors -v- Kerry County Council [2015] IEHC 827 (21 December 2015)

O'Neill & Ors -v- Kerry County Council [2015] IEHC 827 (21 December 2015)

Applicants failed to establish substantial grounds that the enforcement notices were invalid; minor technical errors, alleged procedural defects, and register omissions did not affect validity where actual notice and reasons were provided.

Source-derived case information.

Citation
[2015] IEHC 827
Parties
Applicant: Barth O’Neill; Applicant: Dunboy Greener Homes Limited; Applicant: Dunboy Construction and Property Developers Limited; Respondent: Kerry County Council
Jurisdiction
Ireland
Judgment Date
21 December 2015
Procedural Posture
Judicial Review / Application for Leave to Apply for Judicial Review
Outcome
Application for leave to apply for judicial review refused
Legal Topics
Enforcement Notices, Judicial Review, Planning and Development Act 2000, Procedural Fairness, Disclosure Obligations
Planning Law Administrative Law Enforcement Notices Judicial Review Planning and Development Act 2000 Procedural Fairness Disclosure Obligations

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Summary, issues, holding and outcome

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Parties

Barth O’Neill

Applicant

Dunboy Greener Homes Limited

Applicant

Dunboy Construction and Property Developers Limited

Applicant

Kerry County Council

Respondent

Procedural Posture

Judicial Review / Application for Leave to Apply for Judicial Review

Legal Issues

  1. 1 Whether omission of 'Limited' from applicant's name invalidates enforcement notice
  2. 2 Whether council failed to follow prescribed procedure for issuing enforcement notices
  3. 3 Whether council failed to give adequate reasons for enforcement notices

Ratio Decidendi

Applicants failed to establish substantial grounds that the enforcement notices were invalid; minor technical errors, alleged procedural defects, and register omissions did not affect validity where actual notice and reasons were provided.

Court Disposition

Application for leave to apply for judicial review refused

Orders

  • Application for leave to apply for judicial review refused
  • Applicants' solicitors to serve copy of judgment on respondent within seven days