Cablelink Ltd. v. An Bord Pleanala [1999] IEHC 113; [1999] 1 IR 596 (23rd February, 1999)
An Bord Pleanala was entitled to consider that enforcement of licensing requirements was a matter for central government and not for planning authorities; the grant of planning permission does not confer the right to operate unlawfully, and the Board did not fail to take into account the absence of a licence or government objectives.
- Citation
- [1999] 1 IR 596
- Parties
- Applicant: Cablelink Limited; Respondent: Stephen Hartley; Respondent: An Bord Pleanala; Respondent: Kilkenny County Council
- Jurisdiction
- Ireland
- Procedural Posture
- Judicial Review / Final Judgment
- Outcome
- Relief refused
- Legal Topics
- Planning Permission, Licensing Requirements, Television Deflector Systems, Jurisdiction of Planning Authorities
Case Brief
Summary, issues, holding and outcome
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Parties
Cablelink Limited
Applicant
Stephen Hartley
Respondent
An Bord Pleanala
Respondent
Kilkenny County Council
Respondent
Procedural Posture
Judicial Review / Final Judgment
Legal Issues
- 1 Whether An Bord Pleanala failed to consider the absence of a licence and government policies in granting planning permission
- 2 Whether planning authorities are obliged to enforce licensing requirements under telecommunications law
Ratio Decidendi
An Bord Pleanala was entitled to consider that enforcement of licensing requirements was a matter for central government and not for planning authorities; the grant of planning permission does not confer the right to operate unlawfully, and the Board did not fail to take into account the absence of a licence or government objectives.
Court Disposition
Relief refused
Full Case Text
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