Eircell Ltd. v. Bernstoff [2000] IEHC 18 (18th February, 2000)

Eircell Ltd. v. Bernstoff [2000] IEHC 18 (18th February, 2000)

The court held that the minimal delays in compliance with planning conditions did not justify relief under section 27, that there was a fair issue to be tried regarding the right of way, and that the balance of convenience favoured granting Eircell the injunction to activate the mast pending trial.

Citation
[2000] IEHC 18
Parties
Plaintiff: Eircell; Defendant: Berkeley Environment Group and others; Defendant: Mrs. Bernstoff; Third Party: Wexford County Council
Jurisdiction
Ireland
Procedural Posture
Injunction and Planning Enforcement / Interlocutory Motions
Outcome
Interlocutory injunction granted to Eircell; section 27 relief refused to the group.
Legal Topics
Right of Way, Planning Permission, Injunctions, Public Vs Private Road, Compliance With Planning Conditions
Property Law Planning Law Civil Procedure Right of Way Planning Permission Injunctions Public Vs Private Road Compliance With Planning Conditions

Case Brief

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Parties

Eircell

Plaintiff

Berkeley Environment Group and others

Defendant

Mrs. Bernstoff

Defendant

Wexford County Council

Third Party

Procedural Posture

Injunction and Planning Enforcement / Interlocutory Motions

Legal Issues

  1. 1 Whether Eircell is entitled to an injunction restraining interference with access to and use of the mast site
  2. 2 Whether the mast development constituted unauthorised development due to delayed compliance with planning conditions
  3. 3 Whether the right of way over the boreen permits commercial use for the mast

Ratio Decidendi

The court held that the minimal delays in compliance with planning conditions did not justify relief under section 27, that there was a fair issue to be tried regarding the right of way, and that the balance of convenience favoured granting Eircell the injunction to activate the mast pending trial.

Court Disposition

Interlocutory injunction granted to Eircell; section 27 relief refused to the group.

Orders

  • Eircell permitted to activate the mast as part of its mobile phone network pending trial.
  • Defendants and persons with notice restrained from interfering with Eircell's use and enjoyment of the mast site and right of way.