Frescati Estates v Walker

JurisdictionIreland
Judgment Date01 January 1975
Date01 January 1975
Docket Number[1973. No. 2937 P]
CourtSupreme Court
(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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61 cases
  • North East Pylon Pressure Campaign Ltd v an Bord Plean?la
    • Ireland
    • High Court
    • 22 August 2017
    ...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 ......
  • Scott v an Bord Pleanála
    • Ireland
    • Supreme Court
    • 1 January 1995
    ...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......
  • Lennon v Limerick City Council
    • Ireland
    • High Court
    • 3 April 2006
    ...ACT 2000 S15(1) LANNING & DEVELOPMENT REGS 2001 SI 600/2001 RSC O.19 r28 PLANNING & DEVELOPMENT ACT 2000 S50 FRASCATI ESTATES LTD v WALKER 1975 IR 177 PLANNING & DEVELOPMENT ACT 2000 S50(2) PLANNING & DEVELOPMENT ACT 2000 S50(4)(b) PLANNING & DEVELOPMENT ACT 2000 PART III FAY v TEGRAL PIPES......
  • Butler v Dublin Corporation
    • Ireland
    • Supreme Court
    • 22 January 1999
    ...IR 355 LOCAL GOVT (PLANNING & DEVELOPMENT) ACT 1963 S40(b) WEBBER V MIN OF HOUSONG & LOCAL GOVT 1968 1 WLR 29 FRESCATI ESTATES V WALKER 1975 IR 177 LAWSON V FOX 1974 AC 803 TOWN & REGIONAL PLANNING ACT 1934 LOCAL GOVT (PLANNING & DEVELOPMENT) ACT 1963 S3(1) LOCAL GOVT (PLANNING & DEVELOP......
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1 books & journal articles
  • Consensual Assault - Just what is the law?
    • Ireland
    • Trinity College Law Review No. V-2002, January 2002
    • 1 January 2002
    ...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......

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