Abbeydrive Developments Ltd. v. Kildare County Council [2005] IEHC 209 (17 June 2005)

Abbeydrive Developments Ltd. v. Kildare County Council [2005] IEHC 209 (17 June 2005)

The claimant's compensation claim was validly lodged on 11 July 2001, and the planning authority's letter of 31 July 2001 was a request for evidence under Article 111, not a notice under Article 109. Therefore, the s.13 notice served on 13 December 2001 was out of time and invalid. Further, none of the reasons for refusal by An Bord Pleanála fell within the Third Schedule to the Act, so compensation was not excluded.

Citation
[2005] IEHC 209
Parties
Claimant: Abbeydrive Developments Limited; Respondent: Kildare County Council
Jurisdiction
Ireland
Judgment Date
17 June 2005
Procedural Posture
Special Case Stated (arbitration) / High Court Opinion on Questions of Law
Outcome
Both questions answered in favour of the claimant.
Legal Topics
Planning Permission Refusal, Compensation for Reduction in Land Value, Interpretation of Statutory Time Limits, Exclusion of Compensation Under Statutory Schedules
Planning Law Administrative Law Compensation Law Planning Permission Refusal Compensation for Reduction in Land Value Interpretation of Statutory Time Limits Exclusion of Compensation Under Statutory Schedules

Case Brief

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Parties

Abbeydrive Developments Limited

Claimant

Kildare County Council

Respondent

Procedural Posture

Special Case Stated (arbitration) / High Court Opinion on Questions of Law

Legal Issues

  1. 1 Whether the notice served by the planning authority under s.13 of the Local Government (Planning and Development) Act, 1990 was validly served within the statutory time limit
  2. 2 Whether the reasons for refusal of planning permission by An Bord Pleanála fall within the Third Schedule to the Act so as to exclude compensation

Ratio Decidendi

The claimant's compensation claim was validly lodged on 11 July 2001, and the planning authority's letter of 31 July 2001 was a request for evidence under Article 111, not a notice under Article 109. Therefore, the s.13 notice served on 13 December 2001 was out of time and invalid. Further, none of the reasons for refusal by An Bord Pleanála fell within the Third Schedule to the Act, so compensation was not excluded.

Court Disposition

Both questions answered in favour of the claimant.

Orders

  • The notice of 13 December 2001 served by the planning authority under s.13 is invalid.
  • None of the reasons for refusal by An Bord Pleanála exclude compensation under s.12(1)(b) of the Act.