Dublin County Council v Hill

• Jurisdiction: Ireland
• Judgment Date: 01 January 1994
• Date: 01 January 1994
• Docket Number: [S.C. No. 34 of 1992]
• Court: Supreme Court

Supreme Court

[S.C. No. 34 of 1992]

Dublin County Council v. Hill

In the matter of the Courts of Justice Act, 1947 Dublin County Council

Appellant

and

David Hill

Respondent

There are no cases mentioned in this report.

Local government - Planning - Planning permission - Condition attached to permission - Failure to comply with condition - Service of notice requiring compliance with condition - Whether notice served pursuant to the appropriate statutory provision - Local Government (Planning and Development) Act, 1963 (No. 28), ss. 31 and 35.

Case stated.

The facts are summarised in the headnote and set out in the judgment of McCarthy J., infra.

The case stated signed by His Honour Judge Sean O'Hanrahan at the applicant's request was received in the Circuit Court office on the 5th February, 1992.

Section 31, sub-s. 1 (a) of the Local Government (Planning and Development) Act, 1963, provides:—

"Where any development of land, being neither exempted development nor development commenced before the appointed day, has been carried out after the appointed day without the grant of permission required in that behalf under this Part of the Act, or any condition subject to which such permission was granted in respect of any development has not been complied with, the planning authority within five years of such development being carried out, or, in case of non-compliance with a condition, within five years after the appropriate date, may, if they decide that it is expedient so to do, and shall, if they are directed by the Minister so to do serve on the owner and on the occupier of the land a notice under this section."

Section 35, sub-s. 1 of the same Act provides:—

"Where any development authorised by a permission granted under this Part of this Act has been commenced but has not been or is not being carried out in conformity with such permission, the planning authority may, if they consider it expedient so to do, and shall, if they are directed so to do by the Minister, serve a notice under this section."

The Local Government (Planning and Development) Act, 1963, as amended provides the statutory framework controlling development of lands within the State. Under s. 31, sub-s. 1 (a), thereof, a planning authority, in circumstances where development has been carried out which has not complied with a condition of a planning permission, may, within five years of the non-compliance, issue a notice requiring restoration of the land to its state...