McCoy & anor -v- Shillelagh Quarries Ltd & ors [2016] IEHC 9 (19 January 2016)

McCoy & anor -v- Shillelagh Quarries Ltd & ors [2016] IEHC 9 (19 January 2016)

The court corrected its earlier unapproved judgment to address statutory interpretation errors. South Dublin County Council was not a necessary party and is not entitled to costs due to culpable delay and lack of necessity. A short stay of two months is granted on the order to cease quarrying, balancing prejudice, employment, and opportunity for respondents to regularize planning status.

Citation
[2016] IEHC 9
Parties
Applicant: Michael McCoy; Applicant: South Dublin County Council; Respondent: Shillelagh Quarries Limited; Respondent: John Murphy; Respondent: Declan Murphy; Respondent: Thomas Murphy; Respondent: Sandra Murphy; Respondent: Michael Murphy; Notice Party: Joan Murphy
Jurisdiction
Ireland
Judgment Date
19 January 2016
Procedural Posture
Planning Injunction Application / Post Substantive Judgment; Supplemental Judgment on Stay and Costs
Outcome
Order for cessation of quarrying upheld; short stay granted; costs awarded to Mr. McCoy, refused to South Dublin County Council.
Legal Topics
Planning Injunctions, Costs, Stay of Orders, Statutory Interpretation, Delay in Enforcement, Substituted Consent
Planning Law Environmental Law Planning Injunctions Costs Stay of Orders Statutory Interpretation Delay in Enforcement Substituted Consent

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Parties

Michael McCoy

Applicant

South Dublin County Council

Applicant

Shillelagh Quarries Limited

Respondent

John Murphy

Respondent

Declan Murphy

Respondent

Thomas Murphy

Respondent

Sandra Murphy

Respondent

Michael Murphy

Respondent

Joan Murphy

Notice Party

Procedural Posture

Planning Injunction Application / Post Substantive Judgment; Supplemental Judgment on Stay and Costs

Legal Issues

  1. 1 Whether the court can revisit and correct an unapproved judgment
  2. 2 Entitlement of South Dublin County Council to costs
  3. 3 Whether a stay should be granted on the order to cease quarrying activities

Ratio Decidendi

The court corrected its earlier unapproved judgment to address statutory interpretation errors. South Dublin County Council was not a necessary party and is not entitled to costs due to culpable delay and lack of necessity. A short stay of two months is granted on the order to cease quarrying, balancing prejudice, employment, and opportunity for respondents to regularize planning status.

Court Disposition

Order for cessation of quarrying upheld; short stay granted; costs awarded to Mr. McCoy, refused to South Dublin County Council.

Orders

  • Respondents to cease quarrying at Aughfarrell, Brittas, Co Dublin.
  • Stay of two months granted on cessation order.