Browne -v- Kerry County Council [2009] IEHC 552 (09 October 2009)

Browne -v- Kerry County Council [2009] IEHC 552 (09 October 2009)

Section 261(6)(a) of the Planning and Development Act 2000 is mandatory, requiring the planning authority to act within the prescribed two-year period. However, section 251 extends this period by excluding the Christmas holiday period, and the respondent acted within the extended time limit.

Citation
[2009] IEHC 552
Parties
Applicant: Patrick Browne; Respondent: Kerry County Council
Jurisdiction
Ireland
Judgment Date
09 October 2009
Procedural Posture
Judicial Review / Final Judgment
Outcome
Relief refused
Legal Topics
Statutory Interpretation, Planning Permission, Time Limits in Administrative Law, Quarry Regulation
Administrative Law Planning Law Statutory Interpretation Planning Permission Time Limits in Administrative Law Quarry Regulation

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Parties

Patrick Browne

Applicant

Kerry County Council

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the time limit in section 261(6)(a) of the Planning and Development Act 2000 is mandatory or directory
  2. 2 Whether the respondent acted within the prescribed time limit for imposing conditions on the quarry

Ratio Decidendi

Section 261(6)(a) of the Planning and Development Act 2000 is mandatory, requiring the planning authority to act within the prescribed two-year period. However, section 251 extends this period by excluding the Christmas holiday period, and the respondent acted within the extended time limit.

Court Disposition

Relief refused