Wicklow County Council -v- Fortune (No.4) [2014] IEHC 267 (06 May 2014)

The court has jurisdiction to grant a declaration that the chalet is an unauthorised development, as this power is inherent in the High Court’s original jurisdiction and necessary to clarify the legal status of the structure, even though s. 160 of the Planning and Development Act 2000 does not expressly provide for such declarations.

Citation: [2014] IEHC 267
Parties: Plaintiff: Wicklow County Council; Defendant: Katie (otherwise Catherine) Fortune
Jurisdiction: Ireland
Judgment Date: 06 May 2014
Procedural Posture: Planning Enforcement / Post Trial Judgment on Declaratory Relief
Outcome: Declaration granted
Legal Topics: Unauthorised Development, Injunctive Relief, Declaratory Relief, Article 40.5 Constitution, Planning Permission

Planning Law Constitutional Law Civil Procedure Unauthorised Development Injunctive Relief Declaratory Relief Article 40.5 Constitution Planning Permission

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 15 Party arguments 2

Parties

Wicklow County Council

Plaintiff

Katie (otherwise Catherine) Fortune

Defendant

Procedural Posture

Planning Enforcement / Post Trial Judgment on Declaratory Relief

Legal Issues

1 Whether the court has jurisdiction to grant a declaration that the chalet was illegally constructed under s. 160 of the Planning and Development Act 2000
2 Whether a declaration should be granted in addition to or instead of injunctive relief

Ratio Decidendi

Court Disposition

Declaration granted

Orders

Declaration that the timber chalet constructed by Ms. Fortune at Carrigeenshinnagh, Lough Dan, Roundwood, Co. Wicklow is an unauthorised development
Order to include agreed conditions regarding waste water and effluent treatment