McHugh v Kildare County Council, 2005 IEHC 356 (2005)

Docket Number:2001 993P
Judge:Gilligan J.
 
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THE HIGH COURTRECORD NO: 2001/993 PBETWEENCHARLES McHUGHPLAINTIFFAND

KILDARE COUNTY COUNCILDEFENDANTJUDGMENT of Mr. Justice Gilligan delivered on the 26th day of October, 2005.

In or about 1993 Kildare County Council commenced a review of their County Development Plan. The draft of the proposed revisions went on display from the 10th of October 1998 to the 10th of November 1998. Following amendment the draft was on display from the 26th of March 1999 to the 27th of April 1999 and the plan was adopted in May of 1999.

Charles McHugh is the owner of lands at Newhall/Jigginstown Naas in the County of Kildare. During the course of the review of the plan and in particular during the time the draft was on display from August 1998 to November 1998, consultants acting on behalf of Charles McHugh made submissions to the council proposing the re-zoning of his lands at Newhall/Jigginstown. Following receipt of submissions from the said Charles McHugh and others relating to the plan, the County Council made a decision on November 30th 1998, to authorise the County Manager to appoint members of his staff to hear oral submissions from those who had made written submissions. By managers order made on the 10th of December 1998, Mr. Philip Jones and Miss V Cooke were appointed to hear oral submissions. On the 11th December 1998 a meeting was held with Charles McHugh, his auctioneer Mr. Charles Coonan and his engineer Mr. Tom Maguire for the purposes of receiving oral submissions. During the course of the said oral submissions, it was proposed on behalf of Mr. McHugh that up to 20% of his land, if re-zoned, would be dedicated to Kildare County Council and that the dedication would be on a pro rata basis subject to an agreement on zoning. Following receipt of the oral submissions the council proceeded to consider the adoption of the draft plan. Prior to the adoption of same, Charles McHugh entered into a written agreement dated the 13th of May 1999 for the purposes of regulating and developing his lands in accordance with the provisions of section 38 of the Local Government (Planning and Development) Act 1963. The agreement declared that Charles McHugh would dedicate 20% of his lands to Kildare County Council, for the use of the Council for its statutory purposes, if the remainder of his lands were re-zoned. The Agreement confirmed that he had been independently advised before signing the documents and the signature thereon is witnessed by his solicitor, Aisling Lupton. The plan was adopted by resolution of the council held at a meeting on the 24th of May...

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