Electricity Supply Board v Gormley

JurisdictionIreland
Judgment Date21 May 1985
Date21 May 1985
Docket Number[1983 No. 327P]
CourtSupreme Court
(H.C., S.C.)
Electricity Supply Board
and
Gormley

Public utility -Private property - Interference - Common good - Electricity supply cables - National grid -Statutory power of plaintiff board to erect pylons on defendant's land - No right to compensation - Statute unconstitutional - Local government - Planning - Permission - Application -Advertisement - Inadequate description of location - Permission invalid - Owner of registered land affected by exercise of statutory power - Local Government (Planning and Development) Regulations, 1964 (S.I. No. 221), art. 9 -Electricity Supply Act, 1927 (No. 27), ss. 53(5), 98 - Electricity (Supply) (Amendment) Act, 1941 (No. 1), s. 5 - Electricity (Supply) (Amendment) Act, 1945 (No. 12), s. 46 - Local Government (Planning and Development) Act, 1963 (No. 28), ss. 25, 26 - Registration of Title Act, 1964 (No. 6), ss. 52(1), 69, 72 - Constitution of Ireland, 1937, Arts. 40.3, 43.

Section 53, sub-s. 5, of the Electricity (Supply) Act, 1927, as amended by s. 46 of the Electricity (Supply) (Amendment) Act, 1945, provides that, if an owner or occupier of land fails to give her consent within 7 days after the service on her of a notice stating the intention of the Electricity Supply Board to place an electric line across her land, the Board may place such line across her land in the position and manner stated in the notice. Section 98 of the Act of 1927, as amended by s. 5 of the Electricity (Supply) (Amendment) Act, 1941, authorises the Board, on giving 7 days written notice of its intention, to lop or cut any tree, shrub, or hedge which obstructs or interferes with the erection or laying of any electric wires of the Board with the survey of the proposed routes of any transmission or distribution lines of the Board. The defendant was the owner of registered land which she had purchased without notice that the plaintiff had obtained planning permission for the erection of an electricity transmission line, a portion of which the plaintiff intended to run across her land, and without notice of the advertisement pursuant to which the application for planning permission had been made. This advertisement had described the location of the land to which the application related by naming the two townlands at which the transmission line was to commence and terminate in the county where the defendant's land was situate. Pursuant to s. 53, sub-s. 3, of the Electricity (Supply) Act, 1927, the plaintiff served a notice on the...

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  • Browne v an Bord Pleanála
    • Ireland
    • High Court
    • 1 January 1991
    ...LAND COMMISSION 1977 IR 317 GALLAGHER SHATTER & CO, STATE V DE VALERA 1987 IR 55 1987 ILRM 555 ELECTRICITY SUPPLY BOARD (ESB) V GORMLEY 1985 ILRM 494 MONAGHAN UDC V ALF-A-BET PROMOTIONS LTD 1980 ILRM 64 CRODAUN HOMES V KILDARE CO COUNCIL 1983 ILRM 1 LOCAL GOVT (PLANNING & DEVELOPMENT) A......
  • TF v Ireland
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    • Supreme Court
    • 14 July 1995
    ...80. East Donegal Co-operative Livestock Mart Ltd. v. The Attorney General[1970] I.R. 317; (1970) 104 I.L.T.R. 81. E.S.B. v. Gormley [1985] I.R. 129; [1985] I.L.R.M. 494. Evans v. Evans (1790) 1 Hag. Con. 35; 161 E.R. 466. U.F. (Orse. U.C.) v. J.C. [1991] 2 I.R. 330; [1991] I.L.R.M. 65. Good......
  • Z.S. v DPP and Others
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    • High Court
    • 19 December 2008
    ...v Fingal County Council [2007] IESC 49 [2008] 3 IR 66, Re Illegal Immigrants (Trafficking) Bill 1999 [2000] 2 IR 360 and ESB v Gormley [1985] IR 129 applied; Curtis v AG [1985] IR 458, Osmanovic v DPP [2006] IESC 50 [2006] 3 IR 504, Byrne v Grey [1988] IR 31, Cahill v Sutton [1980] IR 269, ......
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2 books & journal articles
  • Ireland's Magdalene laundries and the State's failure to protect
    • Ireland
    • Hibernian Law Journal No. 10-2011, January 2011
    • 1 January 2011
    ...v Ireland [1987] I.R. 587 148 Ryan v Attorney General , supra note 143 149 CEACR Individual Observation, supra note 93 150 ESB v Gormley [1985] I.R. 129 151 Ibid , p.151 152 Hogan & Whyte, supra note 132, p.1491 153 Norris v Attorney General , supra note 136 154 Haughey v Moriarty [1999] 3 ......
  • Social and Affordable Housing: Part V of the Planning and Development Bill, 1999
    • Ireland
    • Trinity College Law Review No. III-2000, January 2000
    • 1 January 2000
    ...Works, 26 the plaintiff claimed that the National Monuments Acts were unconstitutional in that they 23 Ibid., at 96. 24 [1986] IR 750. 25 [1985] IR 129. 26 [1985] ILRM 364. 20001 Social and Affordable Housing restricted his use of land without the payment of compensation. The Supreme Court ......

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