Dublin County Council v Matra

JurisdictionIreland
CourtHigh Court
Judgment Date01 January 1980
Date01 January 1980
(H.C.)
Dublin County Council
and
Matra

Application by planning authority for injunction to restrain unauthorised user - Whether injunction should be granted - Local Government (Planning and Development) Act (No. 28), s. 31 -Local Government Planning and Development Act, 1976 (No. 20), s. 27. Whether five year limit in s. 31 of 1963 Act still applicable.

The first-named respondent was the freehold owner of 6 acres, 1 rood and 7 perches of land, situate at Brownsbarn, Clondalkin, County Dublin, the title to which had been registered in its name on 21st December, 1972. The second-named respondent, a transport and haulage Company, held a leasehold intererst in one portion of the lands in question since October, 1977. The third-named respondent was a director of the first-named respondent company. Four applications for planning permission in respect of the lands had been submitted to the County Council since 1972 seeking permission, inter alia, to use the lands as an open-air storage facility, a vehiclepark and for light industrial purposes. The applications for planning permissions were rejected by the County Council and by the Planning Appeal Board on appeal on the ground, inter alia, that it was an objective of the Planning Authority, as expressed in the County Development Plan, to reserve the area for the further development of agriculture. One portion of the lands, area A, was used for the purpose of pasturing horses. Since the month of September, 1972, another portion of the lands, area B, from which the top-soil had been removed and replaced with a hardcore base, was used for the storage of disused machinery and miscellaneous debris. Since October, 1977, another portion of the lands, area C, which was held under a lease by the second-named respondent, was used for the purpose of storing containers, lorries and trailers employed by the...

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3 cases
  • Moore v Minister for Arts, Heritage and the Gaelteacht
    • Ireland
    • High Court
    • 18 March 2016
    ...for planning permission.’ ii. Dublin County Council v. Matra Investments Ltd. 481 In Dublin County Council v. Matra Investments Ltd. [1980] 114 ILTR 102, an application for an order restraining certain use of lands, Finlay P. observed as follows in relation to an application for an order un......
  • Meath County Council v Murray and Murray
    • Ireland
    • High Court
    • 29 June 2010
    ...2006/50/10737 2006 IEHC 53 KILDARE CO COUNCIL v GOODE UNREP MORRIS 13.6.97 1998/8/2312 DUBLIN CO COUNCIL v MATRA INVESTMENTS LTD & ORS 1980 114 ILTR 102 WICKLOW CO COUNCIL v FOREST FENCING LTD (T/A ABWOOD HOMES) & SMULLEN 2008 1 ILRM 357 2007/60/12933 2007 IEHC 242 CURLEY & ORS v GALWAY C......
  • Sweetman v Shell E & P Ireland Ltd and Others
    • Ireland
    • High Court
    • 14 March 2006
    ...Section 160 when the breach complained of was trivial or technical. These are Dublin County Council -v- Mantra Investments Limited [1980] 114 ILTR 102, Grimes -v- Punchestown Developments Company Limited [2002] 1 ILRM 409, and Mountbrook Homes Limited -v- Oldcourt Developments Limited [2005......

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