Mc Dowell & Anor -v- Roscommon County Council [2004] IEHC 396 (21 December 2004)

Mc Dowell & 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 non-compliance with the original permission, as section 42 of the Planning and Development Act 2000 requires the authority to consider only the statutory criteria specified therein. Consideration of compliance is not one of those criteria, and the refusal was therefore unlawful.

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 / Judgment on Application to Quash Refusal of Extension of Planning Permission
Outcome
Application granted; decision quashed
Legal Topics
Extension of Planning Permission, Ultra Vires Decisions, Statutory Interpretation, Judicial Review of Administrative Action
Administrative Law Planning Law Extension of Planning Permission Ultra Vires Decisions Statutory Interpretation Judicial Review of Administrative Action

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Parties

Michael McDowell

Applicant

Niamh Brennan

Applicant

Roscommon County Council

Respondent

Procedural Posture

Judicial Review / Judgment on Application to Quash Refusal of Extension of Planning Permission

Legal Issues

  1. 1 Whether a planning authority can refuse an extension of planning permission on the ground of 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 non-compliance with the original permission, as section 42 of the Planning and Development Act 2000 requires the authority to consider only the statutory criteria specified therein. Consideration of compliance is not one of those criteria, and the refusal was therefore unlawful.

Court Disposition

Application granted; decision quashed

Orders

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