Dublin County Council, Monastra Developments Ltd

• Jurisdiction: Ireland
• Judge: Miss Justice Carroll
• Judgment Date: 31 January 1992
• Neutral Citation: 1992 WJSC-HC 838
• Date: 31 January 1992
• Court: High Court
• Docket Number: [1991 No. 266 S.S.],Record Number 266 S.S./1991

1992 WJSC-HC 838

THE HIGH COURT

Record Number 266 S.S./1991

MONASTRA DEVELOPMENTS LTD v. DUBLIN CO COUNCIL

IN THE MATTER OF

THE ACQUISITION OF LAND (ASSESSMENT OF COMPENSATION) ACT 1919

THE PROPERTY VALUES (ARBITRATIONS AND APPEALS) ACT 1960

THE ARBITRATION ACTS 1954AND 1980

THE LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACTS 1963TO

1990

IN THE MATTER OF

MONASTRA DEVELOPMENTS LIMITED

CLAIMANT

AND

THE COUNTY COUNCIL OF THE COUNTY OF DUBLIN

RESPONDENT

Citations:

LOCAL GOVT (PLANNING & DEVELOPMENT) ACT 1963 S55

ACQUISITION OF LAND (ASSESSMENT OF COMPENSATION) ACT 1919 S2

LOCAL GOVT (PLANNING & DEVELOPMENT) ACT 1963 SCHED II

DUBLIN CO COUNCIL V SHORTT 1983 ILRM 377

LOCAL GOVT (PLANNING & DEVELOPMENT) ACT 1963 S69

LOCAL GOVT (PLANNING & DEVELOPMENT) ACT 1963 SCHED IV

Synopsis:

ARBITRATION

Arbitrator

Award - Delivery - Time - Postponement - Necessity - Determination of question of law - Determination pending in High Court - (1991/266 SS - Carroll J. - 31/1/92) - [1992] 1 I.R. 468

|Monastra Developments v. Dublin County Council|

DAMAGES

Assessment

Planning - Permission - Refusal - Compensation - Applicant's interest in land - Reduction in value of interest - Land in vicinity - Whether set apart for particular purpose - (1991/266 SS - Carroll J. - 31/1/92) - [1992] 1 I.R. 468

|Monastra Developments Ltd. v. Dublin County Council|

PLANNING

Development

Permission - Refusal - Compensation - Assessment - Method - Applicant's interest in land - Value - Reduction - Whether land in vicinity set apart for particular purpose - Arbitrator - Award - Time of delivery - Whether delivery to await determination of question of law - Local Government (Planning and Development) Act, 1963, ss. 55, 68, 69 - Local Government (Planning and Development) Act, 1890, ss. 3, 11 - (1991/266 SS - Carroll J. - 31/1/92) - [1992] 1 I.R. 468

|Monastra Developments Ltd. v. Dublin County Council|

1 Judgment of Miss Justice Carrolldelivered the 31st day of January 1992

2 This is a Case Stated by the Property Arbitrator concerning a claim for compensation under Section 55 of the Local Government (Planning and Development) Act 1963("The 1963 Act") for refusal of permission to develop a plot of 3.37 acres at Foxrock County Dublin. The eastern part of the land is zoned "A" in the Dublin County Development Plan 1983. The objective for zone "A" is "to protect and improve residential amenity" and the permitted uses are "residential, private garage, open space, public services, education, church, cemeteries". The western section is zoned "F" for which the objective is stated "to preserve and provide for open space and recreational amenities" and permitted uses are"open space, public services, sports club, recreational buildings, cemeteries". The area zoned "F" of which this plot forms part is the area of the old Leopardstown Racecourse.

3 The Property Arbitrator asks firstly "Is the zoning "F" in the Dublin County Development Plan 1983 equivalent to a reservation for a particular purpose within the meaning of Rule 11 of the Statutory Rules for the Assessment of Compensation as set out at Section 2 of the Acquisition of Land (Assessment of Compensation) Act 1919 as amended?"

4 Rule 11 which is one of the rules contained in the Fourth...