O'Donoghue v an Bord Pleanála

JurisdictionIreland
Judgment Date01 January 1991
Date01 January 1991
CourtSupreme Court
(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 decision to the...

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95 cases
1 books & journal articles
  • A critical assessment of the duty of District Court judges to give reasons
    • Ireland
    • Irish Judicial Studies Journal No. 1-17, January 2017
    • 1 January 2017
    ...sentence. As Ashworth notes 27[2011] IEHC 306 hereafter “Mallak” 28Interestingly, Kenny is not referenced in Oates. 29Oates, para. 51 30[1991] ILRM 750 31O’Donoghue v. An Bord Pleanála [1991] ILRM 750, at 757 32Mallak v. Minister for Justice [2012] 3 IR 297, Fennelly J. stated at p.322, par......