Michael Cronin [Readymix] Ltd -v- An Bord Pleanála [2009] IEHC 553 (15 December 2009)

Michael Cronin [Readymix] Ltd -v- An Bord Pleanála [2009] IEHC 553 (15 December 2009)

The Board and Inspector misapplied s. 4(1)(h) by excluding extensions from exempted development as a matter of definition, failed to properly distinguish between works and use, and took into account irrelevant or speculative considerations in assessing material change of use. This misunderstanding of the statutory...

Source-derived case information.

Citation
[2009] IEHC 553
Parties
Applicant: Michael Cronin (Readymix) Limited; Respondent: An Bord Pleanála; Notice Party: Kerry County Council; Notice Party: The Department of the Environment, Heritage and Local Government
Jurisdiction
Ireland
Judgment Date
15 December 2009
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Decision of An Bord Pleanála quashed
Legal Topics
Exempted Development, Material Change of Use, Statutory Interpretation, Planning Permission
Planning Law Administrative Law Exempted Development Material Change of Use Statutory Interpretation Planning Permission

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Michael Cronin (Readymix) Limited

Applicant

An Bord Pleanála

Respondent

Kerry County Council

Notice Party

The Department of the Environment, Heritage and Local Government

Notice Party

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether the extension of a concrete yard at a quarry constitutes exempted development under s. 4(1)(h) of the Planning and Development Act 2000
  2. 2 Whether the Inspector and Board applied the correct legal test for material change of use
  3. 3 Whether the Inspector conflated the concepts of 'works' and 'use' under the Act

Ratio Decidendi

The Board and Inspector misapplied s. 4(1)(h) by excluding extensions from exempted development as a matter of definition, failed to properly distinguish between works and use, and took into account irrelevant or speculative considerations in assessing material change of use. This misunderstanding of the statutory context was fatal to the decision.

Court Disposition

Decision of An Bord Pleanála quashed

Orders

  • Order quashing the decision of An Bord Pleanála under s. 5(4) of the Planning and Development Act 2000 regarding the applicant's quarry