McDowell & Anor v. Roscommon County Council [2004] IEHC 396 (21 December 2004)

McDowell & Anor v. Roscommon County Council [2004] IEHC 396 (21 December 2004)

The planning authority acted ultra vires by refusing to extend the planning permission on the basis of alleged non-compliance with the original permission, a matter not specified in section 42 of the Planning and Development Act 2000. The authority was required to consider only the matters enumerated in section 42 and not to use the extension process to enforce compliance, which is addressed elsewhere in the Act.

Citation
[2004] IEHC 396
Parties
Applicant: Michael McDowell; Applicant: Niamh Brennan; Respondent: Roscommon County Council
Jurisdiction
Ireland
Judgment Date
21 December 2004
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Decision of the planning authority quashed as ultra vires.
Legal Topics
Extension of Planning Permission, Ultra Vires, Statutory Interpretation, Judicial Review of Administrative Action
Administrative Law Planning Law Extension of Planning Permission Ultra Vires Statutory Interpretation Judicial Review of Administrative Action

Case Brief

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Parties

Michael McDowell

Applicant

Niamh Brennan

Applicant

Roscommon County Council

Respondent

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether a planning authority can refuse an extension of planning permission on the basis of alleged non-compliance with the original permission under section 42 of the Planning and Development Act 2000
  2. 2 Whether the planning authority acted ultra vires by considering matters outside those specified in section 42

Ratio Decidendi

The planning authority acted ultra vires by refusing to extend the planning permission on the basis of alleged non-compliance with the original permission, a matter not specified in section 42 of the Planning and Development Act 2000. The authority was required to consider only the matters enumerated in section 42 and not to use the extension process to enforce compliance, which is addressed elsewhere in the Act.

Court Disposition

Decision of the planning authority quashed as ultra vires.

Orders

  • The decision of Roscommon County Council to refuse the extension of planning permission is quashed.