Courts / Kilkenny / Report
Skydiving row comes before High Court
Summary
Skydive Ireland Ltd and its director, David Byrnes, both of Kilkenny Aerodrome Holdensrath, have launched a High Court action against Kilkenny County Council. The applicants challenge an enforcement notice issued by the council in May, which requires the company to cease all sponsored skydiving operations at the airfield. The council alleges the applicants breached planning laws by intensifying an existing use, a claim the applicants reject in sworn statements, arguing that skydiving is exempt from planning permission and that no intensification occurred. The applicants, represented by Jack Tchrakian Bl, seek orders to quash the council's decision and a stay on the enforcement notice's powers until the proceedings are determined. They contend the council breached their legitimate expectation, having previously assured them in 2014 that the airfield was an authorised development for skydiving, an activity the site has hosted since 1965. Although An Bord Pleanala ruled in 2015 that the activities constituted development, the applicants claim the council's current position is unlawful and infringes their constitutional property rights. Ms Justice Margaret Heneghan granted permission to bring the action on an ex-parte basis. The judge made the matter returnable to a date in October, while the specific application for a stay has been adjourned for a week.
Who, what, where, when and why
What: Report matter: Skydiving row comes before High Court. Procedural stage: hearing_or_decision
When:
- May 22nd Other
- November 2016 Hearing Or Sentence
- 2017-07-18 Publication
Why: The enforcement notice was issued because the council claims the applicants have breached the planning laws. CNI source report
Case subjects
Applicant
Outcome: The judge made the matter returnable to a date in October, however the application for a stay has been adjourned for a week.
Applicant
Outcome: The judge made the matter returnable to a date in October, however the application for a stay has been adjourned for a week.
Places mentioned
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