O'Donoghue v an Bord Pleanála

JurisdictionIreland
CourtSupreme Court
Judgment Date01 January 1991
Date01 January 1991
(H.C.)
O'Donoghue
and
An Bord Pleanála

Whether decision ultra vires - Refusal of permission by planning authority - Appeal to An Bord Pleanála allowed - Whether advertisement of application for permission adequate - Whether decision of An Bord Pleanála ultra vires -Whether decision unreasonable - Whether failure to keep appropriate records sufficient to render decision a nullity.

On 27 October, 1989, the planning authority, Dublin County Council, refused an application by the second-named respondent for permission to construct a bungalow on lands sometimes described as 'Site One at Old Rectory Park, Taney Road, Dundrum' on the grounds that the proposed development was considered to be an overdevelopment of the site and did not comply with site development standards as detailed in the county development plan. The second-named respondent appealed this...

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92 cases
  • McKenna v The Control Appeal Committee of the Irish Greyhound Board (Bord na gCon)
    • Ireland
    • High Court
    • 9 November 2018
    ...The respondent's submissions 19 The respondent argued as follows: - (1) The respondent refers to O'Donoghue v. An Bord Pleanala [1991] ILRM 750 wherein Murphy J. stated at p. 757 that the reasons furnished must be sufficient to enable the court to review that the tribunal has directed its ......
  • Pinewood Wind Ltd v The Minister for Housing, Planning and Local Government ; Element Power Ltd v The Minister for Housing, Planning and Local Government
    • Ireland
    • High Court
    • 7 December 2018
    ...that a draft development plan is itself a reasoned document. Discussion of failure to give reasons 11 In O'Donoghue v. An Bord Pleanala [1991] ILRM 750, at p. 757, Murphy J. stated that: - ‘ It has never been suggested that an administrative body is bound to provide a discursive judgment as......
  • O'Neill v Bord Pleanála
    • Ireland
    • High Court
    • 1 May 2009
    ...9.9.2008 2008 IEHC 289 SOUTH BUCKINGHAMSHIRE DISTRICT COUNCIL v PORTER (NO 2) 2004 1 WLR 1953 2004 4 AER 775 O'DONOGHUE v BORD PLEANALA 1991 ILRM 750 1991/5/1081 DUNNE & MACKENZIE v BORD PLEANALA & ORS UNREP MCGOVERN 14.12.2006 2006/16/3370 2006 IEHC 400 O'KEEFFE v BORD PLEANALA 1993 1 IR......
  • FP v Minister for Justice
    • Ireland
    • Supreme Court
    • 30 July 2001
    ...4 I.R. 26 followed. MJT Securities Ltd. v. Secretary of State for the Environment[1998] J.P.L. 138;O'Donoghue v. An Bord Pleanála[1991] I.L.R.M. 750;International Fishing Vessels Ltd. v. Minister for Marine[1989] I.R. 149;Dunnes Stores Ireland Company v. Maloney[1999] 3 I.R. 542approved. 5.......
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