Diamrem Ltd. v Cliffs of Moher Centre Ltd. & anor [2018] IEHC 654 (23 November 2018)

Diamrem Ltd. v Cliffs of Moher Centre Ltd. & anor [2018] IEHC 654 (23 November 2018)

The High Court found that the Board's December 2002 planning permission did include permission for a permanent car park at the Cliffs of Moher Visitor Centre. The Inspector's recommendation to omit the car park was not adopted by the Board, and the Board's conditions did not require the car park to be temporary or...

Source-derived case information.

Citation
[2018] IEHC 654
Parties
Applicant: Diamrem Limited; First Respondent: Cliffs of Moher Centre Limited; Second Respondent: Clare County Council
Jurisdiction
Ireland
Judgment Date
23 November 2018
Procedural Posture
Section 160 Planning and Development Act 2000 Application / High Court Judgment
Outcome
Application dismissed
Legal Topics
Planning Permission Compliance, Enforcement of Planning Conditions, Interpretation of Planning Permissions, Mobility Management Strategies, Park and Ride Facilities, Locus Standi in Planning Enforcement
Planning Law Administrative Law Planning Permission Compliance Enforcement of Planning Conditions Interpretation of Planning Permissions Mobility Management Strategies Park and Ride Facilities Locus Standi in Planning Enforcement

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Summary, issues, holding and outcome

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Parties

Diamrem Limited

Applicant

Cliffs of Moher Centre Limited

First Respondent

Clare County Council

Second Respondent

Procedural Posture

Section 160 Planning and Development Act 2000 Application / High Court Judgment

Legal Issues

  1. 1 Whether the Board's December 2002 permission included permission for a permanent car park at the Cliffs of Moher Visitor Centre
  2. 2 Whether there has been a failure to comply with Condition 3 and Condition 7 of the Board's permission
  3. 3 Whether the applicant is out of time to seek s.160 enforcement of Condition 7

Ratio Decidendi

The High Court found that the Board's December 2002 planning permission did include permission for a permanent car park at the Cliffs of Moher Visitor Centre. The Inspector's recommendation to omit the car park was not adopted by the Board, and the Board's conditions did not require the car park to be temporary or to be removed upon implementation of a park and ride facility. The continued use of the car park is not unauthorised, and the applicant has not established a breach of planning conditions. The application for enforcement under section 160 fails.

Court Disposition

Application dismissed