Rowan v Kerry County Council and Another

JurisdictionIreland
JudgeMr. Justice Birmingham
Judgment Date05 March 2012
Neutral Citation[2012] IEHC 544
Docket Number895 JR/2011
CourtHigh Court
Date05 March 2012
Rowan v Kerry Co Council & Mulvihill

BETWEEN

MICHAEL ROWAN
APPLICANT

AND

KERRY COUNTY COUNCIL
RESPONDENT

AND

TIM MULVIHILL
NOTICE PARTY

[2012] IEHC 544

895 JR/2011

THE HIGH COURT

PLANNING & ENVIRONMENTAL LAW

Practice and procedure

Costs - Costs order sought by respondents and notice party where applicant unsuccessful in proceedings - Applicant submitted each side should bear own costs as proceedings instituted for purposes of securing compliance with planning condition - Whether each side should bear own costs - Whether proceedings instituted for purposes of securing compliance with planning condition - Environment (Miscellaneous Provisions) Act 2011 (No 20), s 3 - Costs awarded (2011/895JR - Birmingham J - 5/3/12) [2012] IEHC 544

Rowan v Kerry County Council

Facts: The Court had refused the applicants the reliefs he had sought in planning permission proceedings. The respondent and notice party sought an order for costs in their favour. The application was resisted by the unsuccessful applicant who had submitted that the proper course was that each party would bear their own costs. It was argued that the outcome was mandated by the terms of s. 3(1) Environment (Miscellaneous Provisions) Act 2011. The Court considered whether the proceedings had been initiated for the purpose of securing ‘compliance’ within the meaning of the Act with the provisions thereof.

Held by Birmingham J. that the proceedings were not instituted for the purpose of securing compliance but instead to advance a private agenda to prevent a neighbouring landowner from building a house. The Act of 2011 did not apply to the proceedings and the rule that costs followed the event applied. There would be an order for costs in favour of the respondent and notice party.

ENVIRONMENT (MISC PROVISIONS) ACT 2011 S3(1)

ENVIRONMENT (MISC PROVISIONS) ACT 2011 S3

ENVIRONMENT (MISC PROVISIONS) ACT 2011 S4

ENVIRONMENT (MISC PROVISIONS) ACT 2011 S3(2)

ENVIRONMENT (MISC PROVISIONS) ACT 2011 S3(3)

ENVIRONMENT (MISC PROVISIONS) ACT 2011 S3(4)

ENVIRONMENT (MISC PROVISIONS) ACT 2011 S4(1)

Mr. Justice Birmingham
1

In this case I delivered judgment on 17th February 2012, refusing the applicants the reliefs that he had sought. In these circumstances the respondent and notice party, the successful parties, sought an order for costs in their favour. However, that application has been resisted by the unsuccessful applicant who has submitted that the proper course is that each party should bear its own costs. On his behalf it is argued that outcome is mandated by the terms of s. 3(1) of the Environment (Miscellaneous Provisions) Act 2011.

2

The operative portion of ss (3) and (4) of the Act of 2011 are in these terms:-

3

(3) Notwithstanding anything contained in any other enactment or in -

4

(a) Order 99 of the Rules of the Superior Court ( S.I. No. 15 of 1986) and subject to subsections (2), (3), (4) in proceedings to which this section applies each party (including any notice party) shall bear its own costs.

5

I would just observe that subs (2) deals with the circumstances in which there may be an order for costs in favour of successful applicants subs (3) deals with claims that are frivolous or vexatious and related issues and subs (4) deals with cases of exceptional public importance where it is in the interests of justice to award costs. It is not suggested that subs...

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9 cases
  • O'Connor v The County Council of the County of Offaly
    • Ireland
    • Court of Appeal (Ireland)
    • March 20, 2020
    ...a condition within the meaning of s.4(1), but to prevent a neighbouring landowner from building a house ( Rowan v. Kerry County Council [2012] IEHC 544) and proceedings brought with a view to obtaining payment of monies due ( CLM Properties Limited v. Greenstar Holdings Limited and 10 Bake......
  • Wendy Jennings v an Bord Pleanala, Ireland
    • Ireland
    • High Court
    • May 3, 2022
    ...imposed, determined and collected pursuant to s. 53A(4)(c) of the Waste Management Act 1996 167 Citing Rowan v Kerry County Council [2012] IEHC 544 168 Citing Council of the European Union v Stichting Natuur en Milieu EU:C:2015: 5 Joined Cases C-404/12 P and C-405/12 P, Judgment 13 January ......
  • Rowan v Kerry County Council
    • Ireland
    • Supreme Court
    • December 18, 2015
    ...decision that the appellant sought to have quashed. 6 The learned trial judge delivered judgment on the 17th February, 2012 ( Rowan v. Kerry County Council (No. 1) [2012] IEHC 65) refusing the relief sought by the appellant herein and subsequently on the 12th March, 2012 ordered the appella......
  • O'Connor v County council of the County of Offaly
    • Ireland
    • High Court
    • October 13, 2017
    ...the manner by which they are commenced. 25 Finlay Geoghegan J. adopted the reasoning of Birmingham J. in Rowan v. Kerry County Council [2012] IEHC 544. Birmingham J. was dealing with proceedings which had concluded, and where the unsuccessful plaintiff had contended that costs should not be......
  • Request a trial to view additional results

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