Planning Law Flashcards
(9 cards)
Judicial Review
- Grace & Sweetman v. ABP (2017)
Applicants claimed EIA inadequate for wind farm in Galway. Specifically Habitats Directive. Supreme Court ruled in favour of applicant.
Lancefort Ltd. V. ABP (1999)
Heritage preservation group challenged ABP’s decision to approve retail centre near historic structures in Dublin. Supreme Court stated public interest groups have standing
Harding v. Cork County Council (2008)
Applicant sought JR of approval of wind farm beside his property. Supreme Court nullified decision + stated “mere busybodies” do not have standing in JR
- Necessary
MJ Shanley v. SoS (1982)
Condition stated locals given first purchase priority
- Relevant to Planning
Newbury District Council v. SoS (1981)
Benchmark Case led House of Lords to establish legal test to relate conditions to planning proposal
- Relevant to Development
British Airport Authority v. Secretary of State for the Env. Scotland (1981)
Included condition to restrict flying hours
- Precise
Fisher v. Wychavon DC (2001)
No reference to time period of development
- Enforceable
British Airports Authority v. SoS (1981)
- Reasonable
Hall & Co Ltd. V Shoreham-by-sea UCD (1964)
County Council wanted auxiliary road built at plaintiff expense
Works Development
Rhone v. Stephens (1994)
Highlighted need to assess impacts on neighbourhood
Sage v. SoS (2003)
Emphasised examining functional character of land-use
Cheshire v. Woodward (1962)
Operational development relates to any structure that is part of development. Includes permanence
Enforcement
Beesley v. SoS (1997)
Built without permission. Court reinforced principle that 4 year immunity starts from completion of development.
Haven Hotel Ltd. V. SoS (2019)
Marquee remained standing after permission elapsed.
Fidler v. SoS (2008)
House of Straw
4 year immunity begins when building revealed
Off back of Fidler + Beesley case enforcement laws carry on 6 months after construction is complete
