Eircell Ltd. v. Leitrim County Council [1999] IEHC 1; [2000] 1 IR 479; [2000] 2 ILRM 81 (26th March, 1999)

Eircell Ltd. v. Leitrim County Council [1999] IEHC 1; [2000] 1 IR 479; [2000] 2 ILRM 81 (26th March, 1999)

The elected members of the Respondent Council failed to sufficiently inform themselves of relevant circumstances and did not observe principles of constitutional justice and fair procedures, including giving prior notification and opportunity to make submissions. Their decision to revoke planning permission was invalid as it did not comply with statutory requirements and constitutional justice.

Citation
[2000] 2 ILRM 81
Parties
Applicant: Eircell Limited; Respondent: Leitrim County Council
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application granted
Legal Topics
Revocation of Planning Permission, Fair Procedures, Natural Justice, Ultra Vires Actions
Administrative Law Planning Law Constitutional Law Revocation of Planning Permission Fair Procedures Natural Justice Ultra Vires Actions

Case Brief

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Parties

Eircell Limited

Applicant

Leitrim County Council

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the revocation of planning permission was valid under Section 30 of the Local Government (Planning and Development) Act 1963
  2. 2 Whether principles of constitutional justice and fair procedures were observed
  3. 3 Whether a change in circumstances relating to proper planning and development occurred

Ratio Decidendi

The elected members of the Respondent Council failed to sufficiently inform themselves of relevant circumstances and did not observe principles of constitutional justice and fair procedures, including giving prior notification and opportunity to make submissions. Their decision to revoke planning permission was invalid as it did not comply with statutory requirements and constitutional justice.

Court Disposition

Application granted

Orders

  • Declaration that the revocation order and notice were ultra vires, invalid, and of no legal effect
  • Order of certiorari quashing the revocation order and notice