Keleghan v Corby

JurisdictionIreland
Judgment Date01 January 1977
Date01 January 1977
CourtHigh Court
(H.C.)
Keleghan
and
Corby

Notice of intention to apply for planning permission - Advertisement in newspapers - Misleading advertisement -Notice should set out nature and extent of intended development - Grant of permission invalid -Local Government (Planning and Development) Act, 1963 (Permission) Regulations, 1964.

The plaintiffs were all residents of Brookwood Meadow, Artane, Dublin, which is a cul-de-sac containing twelve houses. Permission for the erection of these houses had been granted on the 22nd May. 1970. suBject to the condition that the portion of the housing estate adjoining the grounds of the Holy Faith convent and secondary school should be bounded by a wall six feet in height. In 1971 an application for planning permission was made on behalf of the Holy Faith secondary school and notice of intention to apply for permission published in the newspapers in accordance with the regulations then in force. The notice stated: "Dublin —Permission is being sought by the Sisters of the Holy Faith for the erection of three classrooms pre-fabricated extension to St. Brigid's Secondary School. Killester."In fact the plans submitted to Dublin Corporation included, in addition. the proposal to create a new access road to the grounds through the Brookwood Meadow cul-de-sac. Permission was granted for the erection of the classrooms but not for...

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8 cases
  • Calor Teo. v Sligo County Council
    • Ireland
    • High Court
    • 26 July 1991
    ...aspects of the development and not to possible or even probable consequences. Keleghan and Ors. v. Corby and Dublin CorporationDLTR (1976) 111 I.L.T.R. 144 distinguished. 2. That, having regard to s. 10, sub-s. 2 of the Local Government (Planning and Development) Act, 1982, the plaintiff's ......
  • Krikke v Barranafaddock Sustainable Electricity Ltd
    • Ireland
    • Supreme Court
    • 3 November 2022
    ...actually operated in practice. 14 . This was the very point which was made by McMahon J. in Keleghan v. Corby and Dublin Corporation (1976) 111 ILTR 144 at 145. Here, a planning authority granted permission subject to a condition that a new access road would have to be resubmitted for agree......
  • Ni Eili v Environmental Protection Agency
    • Ireland
    • High Court
    • 26 February 1998
    ...S82 ENVIRONMENTAL PROTECTION AGENCY ACT 1992 S83 ENVIRONMENTAL PROTECTION AGENCY ACT 1992 S88 KELEGHAN V CORBY & DUBLIN CORPORATION 1977 111 ILTR 144 HOULIHAN V BORD PLEANALA UNREP MURPHY 4.10.1993 1993/12/3737 ENVIRONMENTAL PROTECTION AGENCY ACT 1992 S87 ENVIRONMENTAL PROTECTION AGENCY ACT......
  • O'Donoghue v an Bord Pleanála
    • Ireland
    • High Court
    • 5 March 1991
    ... 1983 ILRM 1 O'SULLIVAN & SHEPHERD A SOURCE BOOK ON PLANNING LAW IN IRELAND 1987 SUPP 26 KELEGHAN & ORS V CORBY & DUBLIN CORPORATION 111 ILTR 144 CREEDON, STATE V CRIMINAL INJURIES COMPENSATION TRIBUNAL 1988 IR 51 LOCAL GOVT (PLANNING & DEVELOPMENT) REGS 1977 SI 65/1977 R48 SHARPE LTD V D......
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