Courts / Ireland / Report

Challenge to council carpark at Cliffs of Moher fails

Summary

In 2018, Diamrem Ltd lost a High Court challenge to close a temporary carpark operated by Clare County Council across the road from the Cliffs of Moher visitors centre. Diamrem sought Section 160 planning injunctions to prohibit the use of the carpark and require its removal to enable a park‑and‑ride service. The company argued the carpark was an unauthorised development and that the council had failed to comply with conditions attached to the planning permission for the centre. The council and its subsidiary denied this, stating the original proposed carpark was never built and the existing one was approved as a Part 8 development. Justice Mary Faherty dismissed the action, citing the applicant's failure to commence the Section 160 proceedings within the statutory time period. The Court of Appeal, led by Justice Seamus Woulfe, upheld the dismissal, noting the time‑period issue was dispositive and that other matters should be left for a separate case.

Who, what, where, when and why

What: Report matter: Challenge to council carpark at Cliffs of Moher fails. Procedural stage: appeal

When:

• 2021-11-05 Publication

Why: Diamrem had applied for various orders under Section 160 of the Planning and Development Act, 2000, commonly referred to as "planning injunctions", aimed at prohibiting the use of a public carpark at the Cliffs of Moher Visitor Centre and requiring its removal, in order to facilitate a park and ride operation. CNI source report

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Stage Appeal

Read the original CNI report