O'Callaghan v Commissioners of Public Works in Ireland

JurisdictionIreland
Judgment Date01 January 1983
Date01 January 1983
CourtHigh Court
(H.C.)
O'Callaghan
and
Commissioners of Public Works

Property rights - National Monument - Preservation order -Effect of order - Whether unjust attack on property rights - Whether 'monuments' confined to things specifically mentioned in s. 2 - Whether order made in conformity with principles of natural justice - National Monuments Act 1930 (No.2), ss. 2, 8, 11 - National Monuments (Amendment) Act 1954 (No. 37), s. 3 - Constitution of Ireland, 1937, Articles 40, 43.

On the 1st March 1977 the plaintiff contracted to purchase a 46 acre farm for £115,000, About 38 or 39 acres of the farm comprise a promontory fort known as Loughshinney Promontory Fort. The farm had been used soley for grazing for a very long time. The plaintiff purchased the farm to set his son up with an equestrian centre and to enable him to engage in horticulture. The Commissioners in exercise of powers conferred by s. 8 of the Act of 1954 had served a notice dated the 26th April, 1970, on the plaintiff's immediate predecessor in title of their intent to list thepromontory in Iris Oifigiúil as a monument the preservation of which is of national importance. The monument was then so listed. The notice warned that the owner could not alter the monument in any way or make excavations nearby without either two months notice to the Commissioners or in case of urgency their consent. The plaintiff was verbally informed of the notice by the vendor and alleged that the vendor told him that it related to only part of the promontory. The plaintiff commenced ploughing shortly after the contract and this disturbed items of archaeological interest. As a result, the Commissioners, acting under s. 8 of the Act of 1930 as amended by s. 3 of the Act of 1954 made a preservation order relating to the promontory. This prohibited any person from interfering with the monument in any way and from ploughing or disturbing the ground within or near the monument. The Commissioners have the power to revoke such orders. S. 8 does not provide for compensation. The preservation order was served on the contractor employed by the plaintiff and on 13th May, 1977, after difficulty in locating the plaintiff, a letter was sent to him notifying him of the order. The plaintiff's solicitors unsuccessfully appealed against the order to the Office of Public Works. In June, 1977 the plaintiff harrowed the ploughed ground scattering archaeological deposits. The plaintiff brought this action seeking a declaration that s. 8 of...

To continue reading

Request your trial
12 cases
  • The Health (Amendment) (No. 2) Bill 2004
    • Ireland
    • Supreme Court
    • 16 February 2005
    ...... Commission [1984]ILRM 94 ; O'Callaghan v Commissioners of Public Works [1985] ILRM 364 ; Madigan v Attorney ... v Courtney [1994] 3 IR 1 ; Iarnród Éireann v Ireland [1996] 3 IR 321 ; White v Dublin City Council [2004] 2 ......
  • Hanrahan Farms Ltd v Environmental Protection Agency and Others
    • Ireland
    • High Court
    • 29 July 2005
    ......- THE ENVIRONMENTAL PROTECTION AGENCY, IRELAND AND THE ATTORNEY GENERAL RESPONDENTS ... 1986 IR 750 1987 ILRM 659 HOWARD v COMMISSIONERS OF PUBLIC WORKS 1994 1 IR 101 KEANE & NAUGHTON v ......
  • The Employment Equality Bill, 1996
    • Ireland
    • Supreme Court
    • 15 May 1997
    ...... IN THE MATTER OF ARTICLE 26 OF THE CONSTITUTION OF IRELAND AND IN THE MATTER OF THE EMPLOYMENT EQUALITY ... 44.1.2 CONSTITUTION ART 44.1.3 COMMISSIONERS OF INCOME TAX V PEMSEL 1891 AC 531 BARRINGTONS ... 1984 ILRM 94 O'CALLAGHAN V COMMISSIONERS OF PUBLIC WORKS 1985 ILRM 364 CAFOLLA V O'MALLEY 1985 IR ......
  • DK v Crowley
    • Ireland
    • Supreme Court
    • 9 October 2002
    ....... Applicant . and . Judge Timothy Crowley, Ireland and The Attorney General, Respondents and The Director of ...295. Killeen v. Director of Public Prosecutions [1997] 3 I.R. 218; [1998] I.L.R.M. 1. ...113. O'Callaghan v. Commissioners of Public Works in Ireland [1985] I.L.R.M. 364. ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT