Gregory v Dun Loaghadre County Council

• Jurisdiction: Ireland
• Judge: Mr. Justice Geoghegan
• Judgment Date: 16 July 1996
• Neutral Citation: 1998 WJSC-HC 7705
• Date: 16 July 1996
• Court: High Court

1998 WJSC-HC 7705

THE HIGH COURT

No. 282 J.R./1995

GREGORY v. DUN LOAGHADRE CO. COUNCIL

JUDICIAL REVIEW

BETWEEN

KENNETH GREGORY

APPLICANT

AND

DUN LAOGHAIRE/RATHDOWN COUNTY COUNCIL

RESPONDENT

AND

JAMES DOYLE

NOTICE PARTY

1 Judgment of Mr. Justice Geoghegandelivered the 16th day of July, 1996 .

2 This is an application for a Declaration by way of Judicial Review, that the decision of the Respondent communicated to the Notice Party by letter of the 6th October, 1995 approving the plans submitted by the Notice Party to the Respondent on the 30th August, 1995 in purported compliance with conditions numbered 2 and 5 of An Bord Plcanala, decision to grant permission dated the 14th August, 1995 in connection with the application of the Notice Party for retention permission in respect of the unauthorised construction by the Notice Party of a dwelling house with extension and garage/loft with attached shed at Glanlean, Glenamuck Road, Carrickmines, Dublin 18 was ultra vires the said decision of An Bord Pleanala made the 14th August, 1995 and also for a declaration by way of judicial review that the erection of the two storey garage in accordance with revised planssubmitted by the Notice Party to the Respondent on the 30th August, 1995 in purported compliance with the decision of An Bord Pleanala dated the 14th August 1995 in connection with the Application of the Notice Party for retention permission of an approved dwelling as repositioned with extension and approved garage/loft with attached shed is not in compliance with the decision of An Bord Pleanala dated the 14th August, 1995 and an Order of Certiorari, of the said approval contained in the letter of the 6th October, 1995.

3 There is a net point involved in this Application. The Notice Party had erected a dwelling house with extension and garage/loft which his neighbour, the Applicant, objected to as not being in accordance with planning permission. As a consequence of threatened enforcement procedures, the Notice Party brought an application for permission to retain an unauthorised structure. That application was opposed by the Applicant but the objection was confined to the height of the proposed garage and loft, and to the raising of ground levels. The Notice Party obtained permission from the Respondent and the Applicant appealed to Bord Pleanala. Bord Pleanala granted the permission but with the following condition (inter alia) attached thereto:-

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