Frescati Estates v Walker
| Jurisdiction | Ireland |
| Court | Supreme Court |
| Judgment Date | 01 January 1975 |
| Docket Number | [1973. No. 2937 P] |
| Date | 01 January 1975 |
(S.C.)
Frescati Estates
and
Walker
Status of applicant -Outline application - Whether applicant must have estate in land specified in application -Local Government (Planning and Development) Act, 1963, (Permission), Regulations, 1964 (S.I. No. 221), Arts. 2-4 - Local Government (Planning and Development) Act, 1963 (No. 28), ss.24-26.
The Local Government (Planning and Development) Act, 1963, requires permission under the Act to be obtained for any development of land; the Act contains a definition of the word "owner" in relation to land. Section 26, sub-s. 1, of the Act provides for applications being made to planning authorities in accordance with permission regulations for the development of land, and for the granting of permissions subject to conditions. Section 25, sub-s. 1, of the Act states that the appropriate Minister of State shall provide, by permission regulations, for the granting of...
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75 cases
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North East Pylon Pressure Campaign Ltd v an Bord Plean?la
...European Regulations and Directives. The applicants put reliance on the decision of the Supreme Court in Frescati Estates v Walker [1975] I.R. 177 to the effect that there was an implied obligation to obtain the landowner's consent in the context of an application made under s. 182A of the ......
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Reilly and Others v an Coimisiún Pleanála
...unfair or anomalous obligations on private citizens in particular. Thus, for example, as far back as Frescati Estates Ltd. v Walker [1975] IR 177 at 187 this Court held that the Planning Acts should, where possible, not be interpreted in a way which would lead to ‘strange incongruities.’ In......
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Watchhouse Cross Shopping Centre Ltd and Another v an Coimisiún Pleanála and Others
.... Such an outcome is consistent with the settled caselaw relied on by the opposing parties, specifically Frascati Estates Ltd v. Walker [1975] I.R. 177; Simons J. in ( [2019] IEHC 450 Heather Hill Management Company CLG v. An Bord Pleanála Unreported, High Court, 21 June 2019); ( [2020] IEH......
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Scott v an Bord Pleanála
...COURTS OF JUSTICE ACT 1924 S29 O'DOWD V NORTH WESTERN HEALTH BOARD 1983 ILRM 186 MURPHY V GREENE 1990 1 IR 566 FRESCATI ESTATES V WALKER 1975 IR 177 MINERALS DEVELOPMENT ACT 1979 S12 1 JUDGMENT delivered on the 29th day of November 1994 by EGAN J. [NEM 2By a decision dated the 29th day of......
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1 books & journal articles
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Consensual Assault - Just what is the law?
...1995), at 167-168. But cf. Minister for Industry and Commerce v. Hales [1967 IR 50, per Henchy J, at 76. 22 Frescati Estates v. Walker [1975] IR 177; CW Shipping Co Ltd v. Limerick Harbour Commissioners [1989] ILRM 416; People (DPP) v. Farrell [1978] IR 13; In re Emergency Powers Bill [1977......
