Fingal County Council v. RFS Ltd. [2000] IEHC 163 (6th February, 2000)

Fingal County Council v. RFS Ltd. [2000] IEHC 163 (6th February, 2000)

The applicant failed to discharge the onus of proof that the premises had not been used in the manner now described at and immediately prior to 1 October 1964. Therefore, the relief sought under Section 27 was refused.

Citation
[2000] IEHC 163
Parties
Applicant: Fingal County Council; Respondent: RFS Limited; Respondent: Kinsealy Farms Limited; Respondent: Sean Blackbourne
Jurisdiction
Ireland
Procedural Posture
Application Under Section 27 of the Local Government (planning and Development) Act 1976 as Substituted by the 1992 Act / Judgment After Hearing
Outcome
Application for relief under Section 27 refused.
Legal Topics
Unauthorised Development, Planning Permission, Pre 1964 Established Use, Limitation Period, Costs
Planning Law Local Government Law Unauthorised Development Planning Permission Pre 1964 Established Use Limitation Period Costs

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Parties

Fingal County Council

Applicant

RFS Limited

Respondent

Kinsealy Farms Limited

Respondent

Sean Blackbourne

Respondent

Procedural Posture

Application Under Section 27 of the Local Government (planning and Development) Act 1976 as Substituted by the 1992 Act / Judgment After Hearing

Legal Issues

  1. 1 Whether Kinsealy Farms Limited engaged in unauthorised development on the premises
  2. 2 Whether a pre-statute established user existed prior to 1 October 1964
  3. 3 Whether the five-year limitation period for Section 27 proceedings applies

Ratio Decidendi

The applicant failed to discharge the onus of proof that the premises had not been used in the manner now described at and immediately prior to 1 October 1964. Therefore, the relief sought under Section 27 was refused.

Court Disposition

Application for relief under Section 27 refused.

Orders

  • No order as to costs between applicant and Kinsealy Farms Limited.
  • Costs up to and including the first day of hearing to be borne by Sean Blackbourne.