McCoy & anor -v- Shillelagh Quarries Ltd & ors [2015] IEHC 838 (16 October 2015)

McCoy & anor -v- Shillelagh Quarries Ltd & ors [2015] IEHC 838 (16 October 2015)

The quarry operation is unauthorised as a matter of law due to refusal of planning permission under s. 261(7)(e) and binding s. 5 determination by An Bord Pleanála; court is required to grant cessation order and lacks jurisdiction to grant restoration orders due to statutory time bar.

Citation
[2015] IEHC 838
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
16 October 2015
Procedural Posture
Section 160 Planning Injunction Application / Substantive Judgment
Outcome
Application granted in part
Legal Topics
Unauthorised Development, Quarry Regulation, Environmental Impact Assessment, Planning Permission, Judicial Review, Statutory Interpretation
Planning Law Environmental Law Unauthorised Development Quarry Regulation Environmental Impact Assessment Planning Permission Judicial Review Statutory Interpretation

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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

Section 160 Planning Injunction Application / Substantive Judgment

Legal Issues

  1. 1 Whether the quarry operation constitutes unauthorised development under the Planning and Development Act 2000 as amended
  2. 2 Whether the refusal of planning permission and s. 5 determination by An Bord Pleanála are binding
  3. 3 Whether delay or acquiescence bars relief

Ratio Decidendi

The quarry operation is unauthorised as a matter of law due to refusal of planning permission under s. 261(7)(e) and binding s. 5 determination by An Bord Pleanála; court is required to grant cessation order and lacks jurisdiction to grant restoration orders due to statutory time bar.

Court Disposition

Application granted in part

Orders

  • Order directing cessation of operations at the quarry
  • Restoration orders refused as time barred