Kildare County Council v. Goode [1997] IEHC 95; [1999] 2 IR 495 (13th June, 1997)

Kildare County Council v. Goode [1997] IEHC 95; [1999] 2 IR 495 (13th June, 1997)

The extraction of sand and gravel by the Respondents constituted unauthorised development, not unauthorised use, as defined by the Planning Acts. The scale and intensity of the Respondents' operations materially differed from any pre-1964 use, negating exemption. The proceedings were not time-barred due to periods of abandonment and discontinuance. The absence of formal proof of the County Manager's Order did not preclude relief, as the Court exercised its discretion to admit such proof.

Citation
[1999] 2 IR 495
Parties
Applicant: Kildare County Council; Respondents: Thomas Goode and others
Jurisdiction
Ireland
Procedural Posture
Application Under Section 27 of the Local Government (planning and Development) Act, 1976 / High Court Judgment on Preliminary and Substantive Issues
Outcome
Application granted
Legal Topics
Unauthorised Development, Planning Permission, Statutory Interpretation, Limitation Periods, Proof of Managerial Orders
Planning Law Administrative Law Unauthorised Development Planning Permission Statutory Interpretation Limitation Periods Proof of Managerial Orders

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Parties

Kildare County Council

Applicant

Thomas Goode and others

Respondents

Procedural Posture

Application Under Section 27 of the Local Government (planning and Development) Act, 1976 / High Court Judgment on Preliminary and Substantive Issues

Legal Issues

  1. 1 Whether the extraction of sand and gravel constituted unauthorised development or unauthorised use under the Planning Acts
  2. 2 Whether the development was exempted as pre-1964 use
  3. 3 Whether the proceedings were time-barred under statutory limitation periods

Ratio Decidendi

The extraction of sand and gravel by the Respondents constituted unauthorised development, not unauthorised use, as defined by the Planning Acts. The scale and intensity of the Respondents' operations materially differed from any pre-1964 use, negating exemption. The proceedings were not time-barred due to periods of abandonment and discontinuance. The absence of formal proof of the County Manager's Order did not preclude relief, as the Court exercised its discretion to admit such proof.

Court Disposition

Application granted

Orders

  • Order restraining the Respondents from extracting sand, gravel and other materials from the lands without permission
  • Order directing removal of concrete blocks deposited on the lands