Sligo County Council -v- O Neill [2007] IEHC 178 (24 May 2007)

The replacement of the mobile home in August 2005 constituted unauthorised development involving works requiring planning permission; statutory immunity did not apply due to abandonment of the original structure; injunctive relief was warranted to protect public interests and uphold statutory obligations.

Citation: [2007] IEHC 178
Parties: Applicant: Sligo County Council; Respondent: Gavin Martin
Jurisdiction: Ireland
Judgment Date: 24 May 2007
Procedural Posture: Application Under Planning and Development Act 2000, S.160 / High Court Judgment
Outcome: Relief granted
Legal Topics: Unauthorised Development, Planning Permission, Mobile Home, Statutory Immunity, Injunctive Relief

Planning Law Administrative Law Unauthorised Development Planning Permission Mobile Home Statutory Immunity Injunctive Relief

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Parties

Sligo County Council

Applicant

Gavin Martin

Respondent

Procedural Posture

Application Under Planning and Development Act 2000, S.160 / High Court Judgment

Legal Issues

1 Whether replacement of a mobile home in 2005 constituted unauthorised development
2 Whether statutory immunity under s.160(6)(a)(i) applies due to lapse of time
3 Whether injunctive relief should be granted

Ratio Decidendi

Court Disposition

Relief granted

Orders

Respondent restrained from carrying out or continuing unauthorised development
Respondent directed to remove forthwith all unauthorised development (mobile home and gravel base) from the site