White Maple Developments Ltd & Anor v Donegal County Council & Anor [2013] IEHC 83 (26 February 2013)

The Council is legally obliged to initiate the statutory procedure under s. 180 of the Planning and Development Act 2000 when requested by the owner and statutory requirements are satisfied. The operation of a non-statutory scheme cannot override this obligation.

Citation: [2013] IEHC 83
Parties: Applicant: White Maple Developments Limited; Applicant: Castlewin Properties Limited; Respondent: Donegal County Council; Respondent: Bundoran Town Council
Jurisdiction: Ireland
Judgment Date: 26 February 2013
Procedural Posture: Judicial Review / Final Judgment
Outcome: mandamus granted
Legal Topics: Mandamus, Taking in Charge of Housing Estates, Statutory Vs Non Statutory Schemes

Administrative Law Planning Law Mandamus Taking in Charge of Housing Estates Statutory Vs Non Statutory Schemes

Case Brief

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Parties

White Maple Developments Limited

Applicant

Castlewin Properties Limited

Applicant

Donegal County Council

Respondent

Bundoran Town Council

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

1 Whether the Council is legally obliged to initiate statutory procedures under s. 180 of the Planning and Development Act 2000 upon request
2 Whether an application under a non-statutory scheme satisfies the requirements of s. 180

Ratio Decidendi

Court Disposition

mandamus granted

Orders

Council is compelled forthwith to initiate the s. 180 procedure for taking Maple Drive and Ross View estates in charge