Dolan v. Cooke [2000] IEHC 158 (20th January, 2000)
The Respondent's works do not fall within the statutory definitions of exempted development for agriculture or land reclamation; the construction of a path or road is not included in the relevant classes, and the Respondent failed to establish entitlement to exemption.
- Citation
- [2000] IEHC 158
- Parties
- Applicant: Dolan; Respondent: Cooke
- Jurisdiction
- Ireland
- Procedural Posture
- Application Under Section 27 of the Local Government (planning and Development) Act 1976 / Final Judgment
- Outcome
- Application granted in part
- Legal Topics
- Exempted Development, Land Use, Planning Permission, Land Reclamation, Boundary Disputes
Case Brief
Summary, issues, holding and outcome
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Parties
Dolan
Applicant
Cooke
Respondent
Procedural Posture
Application Under Section 27 of the Local Government (planning and Development) Act 1976 / Final Judgment
Legal Issues
- 1 Whether the Respondent's road-making activities constitute exempted development under the Planning Acts
- 2 Whether the works fall within the definition of agriculture or land reclamation under relevant statutes
Ratio Decidendi
The Respondent's works do not fall within the statutory definitions of exempted development for agriculture or land reclamation; the construction of a path or road is not included in the relevant classes, and the Respondent failed to establish entitlement to exemption.
Court Disposition
Application granted in part
Orders
- Order restraining Respondent from spreading further soil or removing ditches or trees in the defined area
- Order requiring Respondent to remove soil and reinstate area to original condition
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