Rowan -v- Kerry Co Co & Anor [2012] IEHC 544 (05 March 2012)

Rowan -v- Kerry Co Co & Anor [2012] IEHC 544 (05 March 2012)

The proceedings were not instituted to ensure compliance with a planning condition for environmental protection, but to advance the applicant's private interest in preventing a neighbouring development. Therefore, the Environment (Miscellaneous Provisions) Act 2011 does not apply, and the ordinary rule that costs follow the event applies. Costs are awarded to the respondent and notice party.

Citation
[2012] IEHC 544
Parties
Applicant: Michael Rowan; Respondent: Kerry County Council; Notice Party: Tim Mulvihill
Jurisdiction
Ireland
Judgment Date
05 March 2012
Procedural Posture
Judicial Review / Post Judgment (costs Determination)
Outcome
Costs awarded to respondent and notice party.
Legal Topics
Costs in Judicial Review, Interpretation of Environment (miscellaneous Provisions) Act 2011, Planning Permission Conditions
Administrative Law Environmental Law Planning Law Costs in Judicial Review Interpretation of Environment (miscellaneous Provisions) Act 2011 Planning Permission Conditions

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Parties

Michael Rowan

Applicant

Kerry County Council

Respondent

Tim Mulvihill

Notice Party

Procedural Posture

Judicial Review / Post Judgment (costs Determination)

Legal Issues

  1. 1 Whether the Environment (Miscellaneous Provisions) Act 2011 mandates that each party bear its own costs in these proceedings
  2. 2 Whether the proceedings were instituted to ensure compliance with a statutory requirement or planning condition

Ratio Decidendi

The proceedings were not instituted to ensure compliance with a planning condition for environmental protection, but to advance the applicant's private interest in preventing a neighbouring development. Therefore, the Environment (Miscellaneous Provisions) Act 2011 does not apply, and the ordinary rule that costs follow the event applies. Costs are awarded to the respondent and notice party.

Court Disposition

Costs awarded to respondent and notice party.

Orders

  • Order for costs in favour of the respondent and notice party.