Fingal County Council -v- William P. Keeling & Sons Ltd. [2005] IESC 55 (29 July 2005)

Fingal County Council -v- William P. Keeling & Sons Ltd. [2005] IESC 55 (29 July 2005)

A developer is not estopped from claiming that a development is exempted merely because he applied for planning permission for retention; Tallaght Block is not a binding precedent for estoppel in these circumstances.

Citation
[2005] IESC 55
Parties
Plaintiff/respondent: Fingal County Council; Defendant/appellant: William P. Keeling & Sons Limited
Jurisdiction
Ireland
Judgment Date
29 July 2005
Procedural Posture
Appeal / Supreme Court Appeal From High Court Preliminary Issue Determination
Outcome
Appeal allowed - High Court order set aside
Legal Topics
Estoppel, Exempted Development, Planning Permission, Precedent
Planning Law Public Law Estoppel Exempted Development Planning Permission Precedent

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Fingal County Council

Plaintiff/respondent

William P. Keeling & Sons Limited

Defendant/appellant

Procedural Posture

Appeal / Supreme Court Appeal From High Court Preliminary Issue Determination

Legal Issues

  1. 1 Whether a developer is estopped from claiming exempted development solely because he applied for retention planning permission

Ratio Decidendi

A developer is not estopped from claiming that a development is exempted merely because he applied for planning permission for retention; Tallaght Block is not a binding precedent for estoppel in these circumstances.

Court Disposition

Appeal allowed - High Court order set aside

Orders

  • Appellant not estopped from claiming exemption
  • Matter remitted for further consideration in High Court