Butler v. Dublin Corporation [1998] IEHC 194; [1999] IR 563; [1998] 1 ILRM 533 (19th February, 1998)

Butler v. Dublin Corporation [1998] IEHC 194; [1999] IR 563; [1998] 1 ILRM 533 (19th February, 1998)

The staging of pop concerts at Lansdowne Road constitutes a material change of use from sporting events due to significant differences in noise levels and duration, and is not part of the normal or recurrent use of the land; planning legislation applies to such events and statutory immunity does not arise as the use was not sufficiently recurrent.

Citation
[1998] 1 ILRM 533
Parties
Plaintiffs: Butler and Others; Defendants: The Right Honourable the Lord Mayor Alderman and Burgesses of the City of Dublin
Jurisdiction
Ireland
Procedural Posture
Civil / Final Judgment
Outcome
Plaintiffs' submissions rejected; staging of pop concerts constitutes a material change of use and is not immune from enforcement.
Legal Topics
Material Change of Use, Unauthorised Use, Planning Permission, Temporary Events, Statutory Immunity
Planning Law Local Government Law Material Change of Use Unauthorised Use Planning Permission Temporary Events Statutory Immunity

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Parties

Butler and Others

Plaintiffs

The Right Honourable the Lord Mayor Alderman and Burgesses of the City of Dublin

Defendants

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether staging pop concerts at Lansdowne Road constitutes a material change of use under planning legislation
  2. 2 Whether such use is immune from enforcement under statutory time limits
  3. 3 Whether planning legislation applies to transient events

Ratio Decidendi

The staging of pop concerts at Lansdowne Road constitutes a material change of use from sporting events due to significant differences in noise levels and duration, and is not part of the normal or recurrent use of the land; planning legislation applies to such events and statutory immunity does not arise as the use was not sufficiently recurrent.

Court Disposition

Plaintiffs' submissions rejected; staging of pop concerts constitutes a material change of use and is not immune from enforcement.