Waterford County Council v. John A Wood Ltd. [1998] IESC 32; [1999] 1 IR 556; [1999] 1 ILRM 217 (29th October, 1998)

Waterford County Council v. John A Wood Ltd. [1998] IESC 32; [1999] 1 IR 556; [1999] 1 ILRM 217 (29th October, 1998)

Quarrying works on the Doyle lands were a distinct operation or at least a different phase from the works carried on when the 1963 Act came into operation; they are not a continuation of the original quarrying operations and thus require planning permission under s.24 of the 1963 Act.

Citation
[1998] IESC 32
Parties
Applicant: Waterford County Council; Respondent: John A. Wood Limited
Jurisdiction
Ireland
Procedural Posture
Case Stated on Appeal / Supreme Court Judgment on Case Stated From High Court
Outcome
Question answered in the affirmative; planning permission is required for the Doyle lands quarrying operations.
Legal Topics
Development Commenced Before Appointed Day, Requirement for Planning Permission, Interpretation of S.24 Local Government (planning and Development) Act 1963, Quarrying Operations, Exempted Development
Planning Law Administrative Law Development Commenced Before Appointed Day Requirement for Planning Permission Interpretation of S.24 Local Government (planning and Development) Act 1963 Quarrying Operations Exempted Development

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Parties

Waterford County Council

Applicant

John A. Wood Limited

Respondent

Procedural Posture

Case Stated on Appeal / Supreme Court Judgment on Case Stated From High Court

Legal Issues

  1. 1 Whether quarrying operations on the Doyle lands constituted development requiring planning permission under s.24 of the Local Government (Planning and Development) Act 1963

Ratio Decidendi

Quarrying works on the Doyle lands were a distinct operation or at least a different phase from the works carried on when the 1963 Act came into operation; they are not a continuation of the original quarrying operations and thus require planning permission under s.24 of the 1963 Act.

Court Disposition

Question answered in the affirmative; planning permission is required for the Doyle lands quarrying operations.

Orders

  • No order as to injunction; matter reserved to the trial judge.