Sherwin -v- An Bord Pleanala [2007] IEHC 227 (03 July 2007)

Sherwin -v- An Bord Pleanala [2007] IEHC 227 (03 July 2007)

Section 57(1) of the Planning and Development Act, 2000 is clear and unambiguous: works to a protected structure are exempted development only if they do not materially affect the character of the structure or any relevant element. Once a finding is made that works materially affect the character, they cannot be exempted, regardless of liturgical requirements. An Bord Pleanála acted ultra vires in declaring the works exempted development after finding they materially affected the character. Ministerial guidelines cannot override the statutory test.

Citation
[2007] IEHC 227
Parties
Applicant: Fionuala Sherwin; Respondent: An Bord Pleanála; Notice Party: Fingal County Council
Jurisdiction
Ireland
Judgment Date
03 July 2007
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Application granted
Legal Topics
Protected Structures, Exempted Development, Liturgical Requirements, Judicial Review, Interpretation of Statutes
Planning Law Administrative Law Protected Structures Exempted Development Liturgical Requirements Judicial Review Interpretation of Statutes

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Parties

Fionuala Sherwin

Applicant

An Bord Pleanála

Respondent

Fingal County Council

Notice Party

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether An Bord Pleanála acted ultra vires in declaring works to a protected structure as exempted development despite finding they materially affected the character of the structure
  2. 2 Proper interpretation of s. 57(1) of the Planning and Development Act, 2000

Ratio Decidendi

Section 57(1) of the Planning and Development Act, 2000 is clear and unambiguous: works to a protected structure are exempted development only if they do not materially affect the character of the structure or any relevant element. Once a finding is made that works materially affect the character, they cannot be exempted, regardless of liturgical requirements. An Bord Pleanála acted ultra vires in declaring the works exempted development after finding they materially affected the character. Ministerial guidelines cannot override the statutory test.

Court Disposition

Application granted

Orders

  • Order of certiorari quashing An Bord Pleanála's decision
  • Order remitting the matter to An Bord Pleanála for reconsideration in accordance with the judgment