Ampleforth Ltd. t/a The Fitzwilliam Hotel v. Cherating Ltd. [2003] IESC 27 (11 April 2003)

Ampleforth Ltd. t/a The Fitzwilliam Hotel v. Cherating Ltd. [2003] IESC 27 (11 April 2003)

The use of the premises during the relevant five-year period was as a licensed restaurant, not a public bar. As the period for lawful public bar use lapsed without such use, any new public bar operation requires a fresh grant of planning permission. The addition of a publican's trade constitutes a material change of use.

Citation
[2003] IESC 27
Parties
Applicant/respondent: Ampleforth Limited trading as The Fitzwilliam Hotel; Respondent/appellant: Cherating Limited
Jurisdiction
Ireland
Judgment Date
11 April 2003
Procedural Posture
Appeal / Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Change of Use, Planning Permission, Public Bar Vs. Restaurant Use, Expiry of Planning Permission, Interpretation of Planning Conditions
Planning Law Development Law Change of Use Planning Permission Public Bar Vs. Restaurant Use Expiry of Planning Permission Interpretation of Planning Conditions

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Parties

Ampleforth Limited trading as The Fitzwilliam Hotel

Applicant/respondent

Cherating Limited

Respondent/appellant

Procedural Posture

Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the use of Unit 5B as a public bar required new planning permission after lapse of five years without such use
  2. 2 Whether previous planning permissions allowed for public bar use under a seven day licence
  3. 3 Interpretation of planning conditions regarding restaurant/bar use

Ratio Decidendi

The use of the premises during the relevant five-year period was as a licensed restaurant, not a public bar. As the period for lawful public bar use lapsed without such use, any new public bar operation requires a fresh grant of planning permission. The addition of a publican's trade constitutes a material change of use.

Court Disposition

Appeal dismissed

Orders

  • Cherating Limited and all persons with knowledge of the order are restrained from operating a public bar in the basement of Unit 5B without a further grant of planning permission.