Satke -v- An Bord Pleanála [2009] IEHC 230 (27 March 2009)

Satke -v- An Bord Pleanála [2009] IEHC 230 (27 March 2009)

An Bord Pleanála had sufficient credible evidence to support its decision that the embankment was not exempted development under article 9(1)(a)(vi) and (x) of the 2001 Regulations; the Board's reasoning was adequately stated; the erroneous invocation of article 9(1)(a)(xi) did not affect the outcome, as the other grounds were independently sufficient.

Citation
[2009] IEHC 230
Parties
Applicant: Michael Satke; Respondent: An Bord Pleanála; Notice Party: Cork County Council
Jurisdiction
Ireland
Judgment Date
27 March 2009
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review refused
Legal Topics
Exempted Development, Planning Permission, Judicial Review, Reasons for Administrative Decisions
Planning Law Administrative Law Exempted Development Planning Permission Judicial Review Reasons for Administrative Decisions

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Parties

Michael Satke

Applicant

An Bord Pleanála

Respondent

Cork County Council

Notice Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the construction of an earth and stone embankment constituted exempted development under the Planning and Development Act 2000 and Regulations 2001
  2. 2 Whether An Bord Pleanála's decision was lawful and adequately reasoned

Ratio Decidendi

An Bord Pleanála had sufficient credible evidence to support its decision that the embankment was not exempted development under article 9(1)(a)(vi) and (x) of the 2001 Regulations; the Board's reasoning was adequately stated; the erroneous invocation of article 9(1)(a)(xi) did not affect the outcome, as the other grounds were independently sufficient.

Court Disposition

Application for judicial review refused

Orders

  • Applicant must seek to rectify his planning permission with Cork County Council; no quashing of An Bord Pleanála's decision