Hayes & ors v O Donoghue [2020] IEHC 15 (21 December 2019)

Hayes & ors v O Donoghue [2020] IEHC 15 (21 December 2019)

The respondent's excavation of the north west drain, installation of a French drain, movement of the gate opening to Alta Terrace, and alteration of ground levels constituted unauthorised development under the Planning and Development Act 2000, requiring restoration to the pre-26 June 2017 condition.

Citation
[2020] IEHC 15
Parties
Applicant/appellant: Barry Hayes; Applicant/appellant: Mairead Keohane; Applicant/appellant: Assumpta O’Kane; Applicant/appellant: Fergal Lennon; Respondent: Nicholas O’Donoghue
Jurisdiction
Ireland
Judgment Date
21 December 2019
Procedural Posture
Circuit Court Appeal / Judgment on Appeal From Circuit Court to High Court
Outcome
Appeal allowed; orders granted for restoration of site.
Legal Topics
Unauthorised Development, Planning Permission, Section 160 Injunction, Restoration of Land, Discretion Under Planning and Development Act 2000
Planning Law Property Law Unauthorised Development Planning Permission Section 160 Injunction Restoration of Land Discretion Under Planning and Development Act 2000

Case Brief

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Parties

Barry Hayes

Applicant/appellant

Mairead Keohane

Applicant/appellant

Assumpta O’Kane

Applicant/appellant

Fergal Lennon

Applicant/appellant

Nicholas O’Donoghue

Respondent

Procedural Posture

Circuit Court Appeal / Judgment on Appeal From Circuit Court to High Court

Legal Issues

  1. 1 Whether works carried out by the respondent constituted unauthorised development under the Planning and Development Act 2000
  2. 2 Whether the respondent required planning permission for the works undertaken
  3. 3 Whether the court should exercise its discretion to grant orders under section 160 of the Act

Ratio Decidendi

The respondent's excavation of the north west drain, installation of a French drain, movement of the gate opening to Alta Terrace, and alteration of ground levels constituted unauthorised development under the Planning and Development Act 2000, requiring restoration to the pre-26 June 2017 condition.

Court Disposition

Appeal allowed; orders granted for restoration of site.

Orders

  • Respondent to restore the north west boundary drain to its pre-26 June 2017 condition.
  • Respondent to restore the gate opening to Alta Terrace to its original position and reconstruct the boundary wall.