The High Court has ordered Patrick Furlong to pay Stephen McCann’s legal costs in planning enforcement proceedings over an unauthorised milking parlour and ancillary structures.
In a supplemental judgment delivered on 27 September 2024, Mr Justice Garrett Simons said McCann had been entirely successful in the proceedings. An earlier judgment, delivered on 18 June 2024, directed the cessation of the development’s use and operation, its removal and the reinstatement of the land. The supplemental judgment dealt only with legal costs.
The parties agreed that special costs rules under the Environment (Miscellaneous Provisions) Act 2011 applied. The default under those rules is that each party bears its own costs, but the court may award costs to an applicant who obtains relief, to the extent the respondent’s acts or omissions contributed to that result.
Furlong opposed an order requiring him to pay McCann’s costs. His written submissions argued that McCann should have waited for the planning authority to take enforcement action, that material harm to McCann had not been proved, and that a costs order would cause Furlong hardship and expense.
The judge rejected those arguments. He said section 160 of the Planning and Development Act 2000 allows any person to bring enforcement proceedings without first waiting for the planning authority. He also said material suffering is not a precondition for a costs order under the special rules. The relevant consideration was the extent to which the respondent’s conduct contributed to the relief obtained.
The judge said the earlier judgment had found large-scale unauthorised development, with no reasonable basis for believing planning permission was unnecessary. He concluded McCann obtained relief because of Furlong’s flagrant breach of planning legislation. The judge also recorded that, even if material suffering were required, uncontroverted evidence showed the development interfered with the amenity of a neighbouring dwelling and appeared to have polluted its water supply.
The court ordered Furlong to pay McCann’s legal costs, including costs incurred in the Circuit Court and High Court, reserved costs, written submissions, court listings and McCann’s affidavits. If the parties cannot agree the amount, it is to be assessed by the County Registrar under Order 61 of the Rules of the Superior Courts. The parties have liberty to apply.