Leitrim County Council v Dromaprop Ltd
| Jurisdiction | Ireland |
| Judge | Humphreys J. |
| Judgment Date | 29 April 2024 |
| Neutral Citation | [2024] IEHC 233 |
| Court | High Court |
| Docket Number | [H.MCA.2024.0000066] |
In the Matter of the Planning and Development Act 2000 (As Amended) and
In the Matter of a Notice of Motion for Relief Under Section 160 of the Planning and Development Act 2000 (As Amended)
[2024] IEHC 233
[H.MCA.2024.0000066]
THE HIGH COURT
PLANNING & ENVIRONMENT
JUDGMENT of Humphreys J. delivered on Monday the 29th day of April 2024
. To give effect to national policy regarding the need for additional residential provision for international protection seekers and displaced persons, regulations provide that conversion of hotels and similar residential institutions to accommodate such persons is exempted development, as long as the conversion does not breach a condition of planning permission. Is that qualification to be read as so wide that it includes not only conditions regarding specific features of the permission that apply to some instances of exempted developments of the type in question and not others, but extends to general conditions that would be inherently contravened by all instances of the very change of use which the exemption permits, thereby hollowing out that exemption? That is the primary question in this fairly technical challenge by a council to works aimed at enabling the accommodation of protection seekers in a hotel premises.
. Dromaprop is the owner of the Abbey Manor Hotel, Dromahair, Co. Leitrim, the older part of which is a protected structure. The hotel was established in 1860 but closed in the crash period in 2009, and fell into some disrepair. On 4th July 2023 the current owners applied for permission for works which would enable the hotel to operate to serve the commercial tourist trade.
. The application documentation detailed:
“it is intended to use same as a ‘suite hotel’ to ‘provide sleeping accommodation to the passing tourist trade with minimal food services’. It further outlined that ‘no foods will be prepared on site…[t]here is no kitchen….’.”
. It also outlined that the plan is to provide “Room Only accommodation without any meals or drinks, essentially a Hotel without the Food and Beverage facilities…”
. It also detailed that the:
“‘planned target guest would be short term guests working and visiting locally… The targeted guest will be September to May Corporate guests working locally midweek and leisure and corporate guests at the weekend… There is a captive audience of business / corporate guests acquiring budget friendly accommodation within a short drive to Sligo town…’. It was further noted that during ‘summer months we would provide budget friendly [accommodation] to domestic and international visitors from a tourism perspective…’.”
. The council prepared a first planner's report dated 6th September 2022 and sought further information from Dromaprop on the same date. Following the submission of the further information, the council's second planner's report was prepared, dated 2nd December 2022.
. The council granted planning permission Reg. Ref. No. P22/138 on 12th January 2023 for development comprising, inter alia the retention and completion of alterations to the existing Abbey Hotel. This included, at Schedule 1, the main reasons and considerations for the grant and, at Schedule 2, a list of 14 conditions.
. Following the commencement of works pursuant to the permission, Dromaprop indicated that it proposed to change the use of the premises to provide temporary accommodation to persons seeking international protection or displaced persons.
. In order to give effect to the proposed change in use Dromaprop has carried out certain works to the interior of the premises at variance from the permission.
. The Department of Children, Equality, Disability, Integration and Youth issued a briefing note on 7th December 2023 stating that the property had capacity for 155 persons with 124 beds for families, and that a 12 month contract had been offered to the owner.
. The proposed change of use has yet to commence and the premises are not occupied at time of writing.
. The council commenced the proceedings in the Planning and Environment Division of the High Court by way of Notice of Motion, dated 1st February 2024 grounded on the affidavit of Bernard Greene, Senior Planner. The Notice of Motion was made returnable for 12th February 2024.
. Dromaprop filed two replying affidavits from Declan Hallinan, Director of Dromaprop, filed on 14th February 2024 and Kevin Hughes, Planning Consultant for Dromaprop, filed on 21st February 2024.
. The council filed a further affidavit in reply from Pio Byrnes, Acting Senior Planner, on 6th March 2024.
. Dromaprop filed a further replying affidavit from Kevin Hughes, Planning Consultant, on 20th March 2024.
. The council delivered its legal submissions on the 24th March 2024. Dromaprop delivered its legal submissions on the 8th April 2024.
. Following case management in the Planning & Environment List the matter was listed for hearing with related proceedings, with the latter beginning first on 16th April 2024.
. The present action was heard on 17th, 22nd and 23rd April 2024, when judgment was reserved.
. The reliefs sought in the council's notice of motion are as follows:
“1. An Order pursuant to Section 160(1)(a) of the Planning and Development Act 2000, as amended, restraining the Respondent, its respective servants, agents, licensees or any person acting in connection with it or on its instruction, from carrying out unauthorised development at The Abbey Manor Hotel, Dromahair, Co. Leitrim, specifically the change in use from commercial tourist accommodation, as permitted by Planning Permission Reg. Ref. No. P22/138, to temporary use to accommodate displaced persons and/or persons seeking international protection and all associated works including to the layout of the premises relating to and/or to facilitate such a change in use.
2. An Order pursuant to Section 160(1)(c) of the Planning and Development Act 2000, as amended, requiring the Respondent, its respective servants, agents, licensees or any person acting in connection with it or on its instruction, to carry out development at The Abbey Manor Hotel, Dromahair, Co. Leitrim, in conformity with Planning Permission Reg. Ref. No. P22/138 – and, insofar as this has not been done to date, an Order pursuant to s.160(2) requiring the Respondent to carry out remedial/restoration/alteration works so as to ensure the development complies with Planning Permission Reg. Ref. No. P22/138.
3. Interim and/or interlocutory relief pursuant to Section 160(3)(a) of the Planning and Development Act 2000 (as amended), as may be necessary.
4. Such further or other order as this Honourable Court shall deem fit.
5. The costs of these proceedings.”
. Section 160 of the 2000 Act provides:
“160.—(1) Where an unauthorised development has been, is being or is likely to be carried out or continued, the High Court or the Circuit Court may, on the application of a planning authority or any other person, whether or not the person has an interest in the land, by order require any person to do or not to do, or to cease to do, as the case may be, anything that the Court considers necessary and specifies in the order to ensure, as appropriate, the following:
(a) that the unauthorised development is not carried out or continued;
(b) in so far as is practicable, that any land is restored to its condition prior to the commencement of any unauthorised development;
(c) that any development is carried out in conformity with—
(i) in the case of a permission granted under this Act, the permission pertaining to that development or any condition to which the permission is subject, or
(ii) in the case of a certificate issued by the Dublin Docklands Development Authority under section 25(7)(a)(ii) of the Dublin Docklands Development Authority Act 1997 or by the Custom House Docks Development Authority under section 12(6)(b) of the Urban Renewal Act 1986, the planning scheme made under those Acts to which the certificate relates and any conditions to which the certificate is subject.
(2) In making an order under subsection (1), where appropriate, the Court may order the carrying out of any works, including the restoration, reconstruction, removal, demolition or alteration of any structure or other feature.
(3) (a) An application to the High Court or the Circuit Court for an order under this section shall be by motion and the Court when considering the matter may make such interim or interlocutory order (if any) as it considers appropriate.
(b) Subject to section 161, the order by which an application under this section is determined may contain such terms and conditions (if any) as to the payment of costs as the Court considers appropriate.
(4) (a) Rules of court may provide for an order under this section to be made against a person whose identity is unknown.
(b) Any relevant rules of Court made in respect of section 27 (inserted by section 19 of the Act of 1992) of the Act of 1976 shall apply to this section and shall be construed to that effect.
(5) (a) An application under this section to the Circuit Court shall be made to the judge of the Circuit Court for the circuit in which the land which is the subject of the application is situated.
(b) The Circuit Court shall have jurisdiction to hear and determine an application under this section where the market value of the land which is the subject of the application does not exceed €3,000,000.
(c) The Circuit Court may, for the purposes of paragraph (b), in relation to land that has not been given a market value or is the subject with other land of a market value, determine that its market value would exceed, or would not exceed, €3,000,000.
(d) Where the market value of any...
To continue reading
Request your trial