Verwey v Hogan & Ors (Approved) [2023] IEHC 574 (20 October 2023)

Verwey v Hogan & Ors (Approved) [2023] IEHC 574 (20 October 2023)

Proportionality considerations applicable to local authorities do not apply to private parties seeking planning injunctions; significant breaches of planning law by Mr. Hogan warrant an injunction except for the unauthorised entrance developed more than 7 years prior, which is barred by delay.

Citation
[2023] IEHC 574
Parties
Applicant: Jan Verwey; Respondent: Michael Hogan; Respondent: John McCarthy; Respondent: Patrick O’Sullivan
Jurisdiction
Ireland
Judgment Date
20 October 2023
Procedural Posture
Circuit Court Appeal / Judgment
Outcome
Order affirmed with minor modification
Legal Topics
Planning Injunctions, Unauthorised Development, Proportionality, Private Party Enforcement, Constitutional Rights
Planning Law Environmental Law Constitutional Law Planning Injunctions Unauthorised Development Proportionality Private Party Enforcement Constitutional Rights

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Parties

Jan Verwey

Applicant

Michael Hogan

Respondent

John McCarthy

Respondent

Patrick O’Sullivan

Respondent

Procedural Posture

Circuit Court Appeal / Judgment

Legal Issues

  1. 1 Whether proportionality considerations apply to planning injunctions sought by private parties
  2. 2 Whether constitutional right to inviolability of dwelling prevents grant of injunction for unauthorised development
  3. 3 Whether delay bars injunction for certain aspects of development

Ratio Decidendi

Proportionality considerations applicable to local authorities do not apply to private parties seeking planning injunctions; significant breaches of planning law by Mr. Hogan warrant an injunction except for the unauthorised entrance developed more than 7 years prior, which is barred by delay.

Court Disposition

Order affirmed with minor modification

Orders

  • Planning injunction granted to restore property except for unauthorised entrance developed more than 7 years prior
  • Precise terms of order to be settled after hearing from parties