Walsh v. Kildare County Council [2000] IEHC 103; [2001] 1 IR 483 (29th July, 2000)

Walsh v. Kildare County Council [2000] IEHC 103; [2001] 1 IR 483 (29th July, 2000)

The address provided by the applicant was insufficient to allow the planning authority to serve notice by all statutory means, rendering the application invalid. Additionally, the proposed development would have involved a material breach of the development plan, precluding the grant of default permission.

Citation
[2000] IEHC 103
Parties
Applicant: Patrick Walsh; Respondent: Kildare County Council
Jurisdiction
Ireland
Procedural Posture
Judicial Review (planning Permission) / High Court Judgment
Outcome
Application refused
Legal Topics
Planning Permission, Service of Notice, Default Permission, Material Contravention of Development Plan
Planning Law Administrative Law Planning Permission Service of Notice Default Permission Material Contravention of Development Plan

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Parties

Patrick Walsh

Applicant

Kildare County Council

Respondent

Procedural Posture

Judicial Review (planning Permission) / High Court Judgment

Legal Issues

  1. 1 Whether the applicant was entitled to default planning permission due to alleged failure by the planning authority to serve notice within the statutory period
  2. 2 Whether the address provided by the applicant was sufficient for service under the Local Government (Planning and Development) Act 1963
  3. 3 Whether the proposed development constituted a material contravention of the development plan

Ratio Decidendi

The address provided by the applicant was insufficient to allow the planning authority to serve notice by all statutory means, rendering the application invalid. Additionally, the proposed development would have involved a material breach of the development plan, precluding the grant of default permission.

Court Disposition

Application refused