E.S.B. v. Cork County Council [2000] IEHC 190 (28th June, 2000)

E.S.B. v. Cork County Council [2000] IEHC 190 (28th June, 2000)

The Council erred in law in concluding that works had not commenced, as manufacture of site-specific steel constituted commencement of works under Section 30(5) of the 1963 Act, and the applicant was denied natural justice by not being given access to or details of documents considered in the revocation decision.

Source-derived case information.

Citation
[2000] IEHC 190
Parties
Applicant: Electricity Supply Board; Respondent: Cork County Council
Jurisdiction
Ireland
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Application for judicial review granted; decision to revoke planning permission quashed.
Legal Topics
Revocation of Planning Permission, Natural Justice, Commencement of Works, Change in Circumstances
Administrative Law Planning Law Revocation of Planning Permission Natural Justice Commencement of Works Change in Circumstances

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Parties

Electricity Supply Board

Applicant

Cork County Council

Respondent

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether Cork County Council lawfully revoked planning permission under Section 30 of the Local Government (Planning and Development) Act, 1963
  2. 2 Whether works had commenced so as to preclude revocation under Section 30(5)
  3. 3 Whether the applicant was denied natural justice by not being given access to documents considered by the Council

Ratio Decidendi

The Council erred in law in concluding that works had not commenced, as manufacture of site-specific steel constituted commencement of works under Section 30(5) of the 1963 Act, and the applicant was denied natural justice by not being given access to or details of documents considered in the revocation decision.

Court Disposition

Application for judicial review granted; decision to revoke planning permission quashed.

Orders

  • The decision of Cork County Council to revoke planning permission is quashed.