McNicholas & Anor -v- Mayo County Council & Anor [2009] IEHC 379 (31 July 2009)

McNicholas & Anor -v- Mayo County Council & Anor [2009] IEHC 379 (31 July 2009)

The access road as built complies with the planning permission granted by An Bord Pleanála and fulfills the statutory requirement for alternative access, despite being substandard due to land constraints. The plaintiffs' lack of cooperation contributed to the suboptimal outcome. Any remaining issues regarding amenity or compensation are to be addressed in the forthcoming arbitration under the CPO.

Citation
[2009] IEHC 379
Parties
Plaintiff: Peter McNicholas; Plaintiff: Nancy McNicholas; Defendant: Mayo County Council; Defendant: SIAC Wills J. V. Limited
Jurisdiction
Ireland
Judgment Date
31 July 2009
Procedural Posture
High Court Civil Action / Judgment After Full Hearing
Outcome
No order or declaration made; relief refused.
Legal Topics
Compulsory Purchase Order, Alternative Access, Roads Act 1993, Planning Permission, Injunctive Relief, Declarations
Property Law Administrative Law Planning Law Compulsory Purchase Order Alternative Access Roads Act 1993 Planning Permission Injunctive Relief +1 more

Case Brief

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Parties

Peter McNicholas

Plaintiff

Nancy McNicholas

Plaintiff

Mayo County Council

Defendant

SIAC Wills J. V. Limited

Defendant

Procedural Posture

High Court Civil Action / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the defendants were obliged to provide suitable alternative access to the plaintiffs' property under the Roads Act 1993 and planning permissions
  2. 2 Whether the alternative access provided was suitable and in accordance with statutory and planning requirements
  3. 3 Whether the plaintiffs' conduct affected the outcome and suitability of the access provided

Ratio Decidendi

The access road as built complies with the planning permission granted by An Bord Pleanála and fulfills the statutory requirement for alternative access, despite being substandard due to land constraints. The plaintiffs' lack of cooperation contributed to the suboptimal outcome. Any remaining issues regarding amenity or compensation are to be addressed in the forthcoming arbitration under the CPO.

Court Disposition

No order or declaration made; relief refused.