The High Court has granted Wicklow County Council injunctive relief against Forest Fencing Limited, trading as Abwood Homes, and George Smullen over a development near the N11 at Timore Lane, close to Newtownmountkennedy.
In a judgment delivered on 13 July 2007, Mr Justice Charleton ruled that no default planning permission existed for the main development. He also found it materially contravened the Wicklow County Development Plan and differed materially from the plans submitted to the council.
The dispute concerned buildings and associated activity on a site of just under three hectares east of the N11. The council sought relief under section 160 of the Planning and Development Act 2000, alleging breaches of planning requirements. The developers argued that permission had arisen by default because the council had not decided their application within the required period.
The court found the application was complete on 10 September 2002, when missing site and contour plans were received, rather than on 12 August, the date the developers claimed. The council requested further information on 30 October, before the agreed deadline of 1 November. The judge found that request was genuine and made for the statutory purpose of enabling the council to assess the application. Because it was not answered, the application was deemed withdrawn after six months. The court therefore concluded that no default permission had arisen.
The judge also found that the development materially conflicted with the county plan’s objectives for the corridor zone, including preserving green belts and directing development to towns and villages. He described the development as turning the corridor between towns into industrial and commercial use.
The court identified substantial differences between the submitted plans and the site as built. These included buildings shifted towards the N11, changes to an office building, a large surfaced display and parking area, expanded storage and an advertising sign. The judge found the site as a whole had materially deviated from the plans.
The judgment distinguished two smaller areas. A wedge-shaped building near the old N11 had a 1994 default permission for sale and display, but not office use. A separate small group of remaining buildings had received retention permission for three years; the judge found that period had expired and that the council’s injunction application was made in time.
The Circuit Court had granted injunctions in February 2004 and made further orders in November 2004. On appeal, the High Court granted relief under section 160: the first motion was granted except for its first two paragraphs, which were no longer sought, and the second motion was granted in full.