Abbeydrive Development Ltd -v- Kildare County Council [2009] IESC 56 (22 July 2009)

Abbeydrive Development Ltd -v- Kildare County Council [2009] IESC 56 (22 July 2009)

Where a planning application does not materially contravene the development plan and complies with planning regulations (subject to de minimis exceptions), and the planning authority fails to decide within the statutory period, default permission arises under section 34(8) of the Planning and Development Act 2000, even if the application is 'open for consideration' rather than 'normally permissible'.

Citation
[2009] IESC 56
Parties
Applicant/appellant: Abbeydrive Developments Limited; Respondent: Kildare County Council
Jurisdiction
Ireland
Judgment Date
22 July 2009
Procedural Posture
Appeal (judicial Review Planning Permission) / Supreme Court Appeal From High Court
Outcome
Appeal allowed; High Court order set aside; declaration that planning permission granted by default under section 34(8) of the Planning and Development Act 2000.
Legal Topics
Planning Permission by Default, Material Contravention of Development Plan, Compliance With Planning Regulations, Judicial Review of Planning Decisions
Administrative Law Planning Law Planning Permission by Default Material Contravention of Development Plan Compliance With Planning Regulations Judicial Review of Planning Decisions

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Parties

Abbeydrive Developments Limited

Applicant/appellant

Kildare County Council

Respondent

Procedural Posture

Appeal (judicial Review Planning Permission) / Supreme Court Appeal From High Court

Legal Issues

  1. 1 Whether a default planning permission arises under section 34(8) of the Planning and Development Act 2000 where the planning authority fails to decide within the statutory period and the application is 'open for consideration' under the development plan
  2. 2 Whether minor non-compliance with planning regulations precludes default permission
  3. 3 Whether the courts can limit default permission beyond material contravention or non-compliance with regulations

Ratio Decidendi

Where a planning application does not materially contravene the development plan and complies with planning regulations (subject to de minimis exceptions), and the planning authority fails to decide within the statutory period, default permission arises under section 34(8) of the Planning and Development Act 2000, even if the application is 'open for consideration' rather than 'normally permissible'.

Court Disposition

Appeal allowed; High Court order set aside; declaration that planning permission granted by default under section 34(8) of the Planning and Development Act 2000.

Orders

  • Declaration that planning permission is deemed granted by default as of 5 February 2003 under section 34(8) of the Planning and Development Act 2000.
  • High Court order set aside.