Dooley v Galway County Council

• Jurisdiction: Ireland
• Court: High Court
• Judge: Mrs. Justice Denham
• Judgment Date: 04 February 1992
• Neutral Citation: 1992 WJSC-HC 1742
• Docket Number: 172 J.R./1991,[1991 No. 172 J.R.]
• Date: 04 February 1992

1992 WJSC-HC 1742

THE HIGH COURT

172 J.R./1991

DOOLEY v. GALWAY CO COUNCIL

MARY DOOLEY

APPLICANT

.v.

GALWAY COUNTY COUNCIL

RESPONDENT

Citations:

LOCAL GOVT (PLANNING & DEVELOPMENT) REGS 1977 SI 65/1977 REG 14

LOCAL GOVT (PLANNING & DEVELOPMENT) REGS 1977 SI 65/1977 REG 15

LOCAL GOVT (PLANNING & DEVELOPMENT) REGS 1977 SI 65/1977 REG 15(b)

CRODAUN HOMES LTD V KILDARE CO COUNCIL 1983 ILRM 1

ABENGLEN PROPERTIES LTD V DUBLIN CORPORATION 1981 ILRM 54

Synopsis:

PLANNING

Development

Permission - Application - Notice - Sufficiency - Site shown by reference to townland - Eighteen townlands of same name in county - Notice insufficient - Local Government (Planning and Development) Regulations, 1977 (S.I. No. 65), articles 14, 15 - (1991/172 JR - Denham J. - 4/2/92) - [1992] 2 I.R. 136

|Dooley v. Galway County Council|

NOTICE

Sufficiency

Development - Location - Description - Townland - Eighteen town lands of same name in county - Notice inadequate - (1991/172 JR - Denham J. - 4/2/92) - [1992] 2 I.R. 136

|Dooley v. Galway County Council|

1 Judgment given by Mrs. Justice Denhamon the 4th day of February 1992

2 This is an application by the Applicant to have a grant of planning permission in County Galway No. 63142 of 1991 set aside.

3 On the 22nd of July 1991 Mr. Justice Morris gave leave to apply for an Order setting aside the said planning permission by way of application for Judicial Review. The grounds were that the notice of application for planning permission published in a newspaper was insufficient and did not comply with the requirements of Regulations 14 and 15 of the Local Government (Planning and Development) Regulations 1977 S.I. No. 65 of 1977 as amended and was not a proper publication and did not make the Applicant aware of the application for planning permission.

4 The advertisement in the Irish Times read:

"County Galway - permission is sought from Galway County Council to remove surface rock from lands at Cartron.

Signed,

F. Mortimer."

5 The Applicant's case is that there are at least 14 townlands in County Galway called Cartron and that it is not possible to indentify from the notice advertised what townland is referred to. Further it is argued that the area in which the quarry is situate is commonly known as Ballaghbaun, Belclare, County Galway, and is not known as Cartron.

6 Miss Carmel Burke and Mr. Frank Mortimer were cross-examined on their Affidavit. Miss Burke gave evidence that the matter was mapped and handed to her. That she went on the map. She gave evidence that Galway County Council always accepts the name of the townlands as the proper description of the location of the lands. There is no policy if there is more than one townland of the same name in the county. She said that any member of the public if they saw the advertisement could inspect thefile.

7 Mr. Mortimer was also cross-examined.

8 The relevant law is to be found in Local Government (Planning and Development) Regulations 1977 (S.I. No. 65 of 1977). Regulation 15states:

"A notice publised in a newspaper in pursuance of Article 14 shall contain, as a heading, the name of the city, town or county in which the land or structure is situate and shall state -"

(a) the name of the applicant,

(b) the location of the land or the address of the structure to which the application relates (as may be appropriate),

(c) the nature and extent of the development."

9 There was oral evidence from Mr. Mortimer, and photographs, as to the development of the roads by him. However this is not an issue here.

10 What is an issue is...