Circuit Court Rules

ORDER 56

PLANNING

Appeal under section 14(4) of the Planning and Development Act, 2000

1. (1) In this rule —

‘the Act’ means the Planning and Development Act, 2000 (No 30 of 2000);

‘the Planning Authority’ has the meaning assigned to it by section 2(1) of the Act.

(2) (a) An appeal to the Circuit Court under section 14(4) of the Act shall be commenced by the issue of a notice of motion, which shall be in accordance with Form 35A of the Schedule of Forms, or such modification as may be appropriate, and shall be called an action.

(b) The appellant shall be the plaintiff and the planning authority shall be the defendant.

(3) Applications under this rule shall be brought in the county where there is situate either the place in relation to which the application is being made or the offices of the relevant planning authority.

(4) In every action the notice of motion shall be served no later than 14 days prior to the return date.

[SI 132/09]

(5) This sub-rule shall not apply to the Dublin circuit. Every notice of motion shall state the date of commencement of the sittings at which it is intended that the action shall be listed for hearing, and shall be issued and filed by the plaintiff in the office not later than 21 days before the commencement of such sittings.

(6) This sub-rule shall apply only to the Dublin circuit. Every notice of motion shall state the date upon which it is intended that the action shall be listed for hearing, and shall be issued and filed by the plaintiff in the office not later than 21 days before such date.

(7) Every notice of motion shall be dated, and bear the name, address and description of the plaintiff and shall be signed by his solicitor, if any, or, if none, by himself.

(8) Upon the filing in accordance with this rule of a notice of motion the County Registrar shall enter the same for hearing.

(9) If a defendant wishes to dispute wholly or partly the claim of the plaintiff, he shall, within 10 days after the service on him of the notice of motion, serve on the plaintiff and any other parties a defence in accordance with Form 6A of the Schedule of Forms, or such modification as may be appropriate, and such defence shall be delivered to the plaintiff within seven days after the date of the last service.

(10) Save by special leave of the court every action under this rule shall be heard upon oral evidence.

(11) In every action to which this rule applies, the Judge may make all such orders as to costs as may be just and reasonable.

[SI 312/07]

Appeal under section 97(14) of the Act

2. (1) In this rule —

‘the Act’ means the Planning and Development Act, 2000 (No 30 of 2000);

‘certificate’ has the same meaning as in section 97 of the Act, and

‘the Planning Authority’ has the meaning assigned to it by section 2(1) of the Act.

(2) All applications by way of an Appeal against the refusal by a planning authority to grant a certificate under section 97 of the Act shall be brought by way of civil bill being a planning civil bill in accordance with Form 2L of the Schedule of Forms annexed hereto, with such modifications as may be appropriate in the circumstances. There shall be filed with each such application a copy of the statutory declaration made by the applicant under subsection (5) of section 97 and a copy of the written notice given by the planning authority under subsection (13) of section 97 of the reasons for its refusing a certificate. In default of such filing the respondent may file the same and thereupon or at any time thereafter the Judge may make such order as to him shall seem right.

(3) Applications under this rule shall be brought in the county where there is situate either the place in relation to which the application is being made or the offices of the relevant planning authority.

(4) The relevant planning authority shall be named as a defendant to every planning civil bill.

(5) All Planning Civil Bills shall be served upon the Planning Authority, addressed to the County Manager or City Manager, as may be appropriate.

[SI 132/09]

(6) All planning civil bills shall be dated and bear the name, address and description of the plaintiff and shall be signed by the plaintiff’s solicitor, if any, or, if none, by himself.

(7) If any defendant wishes to dispute wholly or partly the claim of the plaintiff, he shall within 10 days after service on him of the civil bill enter an appearance and within a further 10 days thereafter serve on the plaintiff and any other party a defence in accordance with Form 6A of the Schedule of Forms or as near thereto as the circumstances admit.

(8) Upon the application on notice of any party, the Judge may order any other party to deliver further and better particulars of any matters stated in the planning civil bill or defence or to deliver copies of any document referred to therein or to deliver copies of any other relevant document. The costs of and incidental to any such application shall be in the discretion of the Judge. In case of non-compliance with any such order the Judge may deal with the matter as to him shall seem right.

(9) In every case where the court shall make an order directing the issuance of a certificate, the County Registrar shall cause to be served upon the relevant planning Authority a copy of the order of the court and the service of such copy order shall be deemed to be a sufficient communication to the planning Authority, a sufficient direction to issue the certificate and a sufficient transmission of such direction.

(10) In every action to which this rule applies, the Judge may make all such orders as to costs as may be just and reasonable.

[SI 312/07]

Injunctions in relation to unauthorised development under section 160 of the Act

3. (1) In this rule —

‘the Act’ means the Planning and Development Act, 2000 (No 30 of 2000), and

‘the Planning Authority’ has the meaning assigned to it by section 2(1) of the Act.

(2) An application under this rule shall be brought in the county in which the defendant, or any one of the defendants, ordinarily resides or carries on any profession, business or occupation or where the land or development sought to be affected or any part is situate.

(3) (a) An application for an order under section 160 of the Act shall be by motion on notice to the person against whom relief is sought, subject to the provisions of sub-rule (3)(b), in accordance with Form 35B of the Schedule of Forms.

(b) An order under section 160 of the Act against a person whose identity is unknown to the plaintiff, shall be referred to as ‘an order under sub-rule (3)(b)’, and the person against whom it is granted or sought shall be referred to as ‘the defendant’.

(c) A plaintiff in an application for an order under sub-rule (3)(b) shall describe the defendant by reference to —

(i) a photograph, or

(ii) any other means whereby the respondent can be identified with sufficient particularity to enable service to be effected; and the form of the notice of motion shall be modified accordingly.

(d) A plaintiff in an application for an order under sub-rule (3)(b) shall, in addition to the requirements of sub-rules (4) and (7), include in the affidavit grounding the application, or shall file a separate affidavit containing, the following averments —

(i) verifying that he was unable to ascertain, within the time reasonably available to him, the defendant’s identity;

(ii) setting out the action taken to ascertain the defendant’s identity, and

(iii) verifying the means by which the defendant has been described in the originating application and that the description is the best that the plaintiff is able to provide.

(e) sub-rule (3)(c) is without prejudice to the power of the court to make an order for substituted service.

(4) The notice of motion shall be entitled in the matter of the Act on the application of the person bringing the application; shall state the relief sought; describe the land or development sought to be affected; shall state the name and place of residence or address for service of the person seeking relief; the date upon which it is proposed to apply to the court for relief; and shall be filed in the office of the court for the county in which the application is being brought in accordance with sub-rule (1) (hereinafter referred to as ‘the appropriate office’).

(5) Subject to the provisions of sub-rule (3) and without prejudice to the power of the court to make an order for substituted service, notice of the motion shall be given to the person against whom the relief is sought (the defendant); but if it shall appear to the court that any person to whom notice has not been given ought to have or ought to have had such notice, the court may adjourn the hearing, in order that such notice may be given, upon such terms (if any) as the court may think fit to impose or may dismiss the application.

(6) There must be at least 10 days between the service of the notice and the day named therein for the hearing of the motion.

(7) (a) Subject to the right of the court to give such directions in that behalf as it considers appropriate or convenient, evidence at the hearing of the motion under this rule shall be by affidavit.

(b) Any affidavit to be used in support of the motion shall be filed in the appropriate office and a copy of any such affidavit shall be served with the notice. Any affidavit to be used in opposition to the application shall be filed in the appropriate office by the defendant within seven days of the service on him of the applicant’s affidavit, and the respondent must within such period serve a copy of any affidavit intended to be used by him on the plaintiff.

(8) Pending the determination of an application under section 160 of the Act, the court on the application of the plaintiff or the defendant, by interlocutory order, (or if satisfied that delay might entail irreparable or serious mischief, by interim order on application ex parte) may make any order in the nature of an injunction; and for the detention, preservation or inspection of any property or thing; and for all or any of the purposes aforesaid may authorise any person to enter upon or into any land or building; and for all or any of the purposes aforesaid may authorise any sample to be taken or any observations to be made or experiment to be tried, which it may consider appropriate, necessary or expedient.

(9) In every action to which this rule applies, the Judge may make all such orders as to costs as may be just and reasonable.

[SI 312/07]

Applications under section 90

4. (1) In this rule —

‘the Act’ means the Planning and Development Act, 2000 (No 30 of 2000);

‘notice’ means a notice referred to in section 88 of the Act, and

‘the Planning Authority’ has the meaning assigned to it by section 2(1) of the Act.

(2) Every application under section 90 of the Act for an order compelling a person to comply with a notice shall be made by way of motion on notice which shall set out the grounds upon which the plaintiff is relying for the reliefs sought.

(3) Applications shall be brought in the county where there is situate the place in relation to which the notice relates.

(4) All applications shall be served no later than 10 days prior to the return date set out in the motion.

[SI 132/09]

(5) This sub-rule shall not apply to the Dublin circuit. Every notice of motion shall state the date of commencement of the Sittings at which it is intended that the action shall be listed for hearing, and shall be issued and filed by the plaintiff in the office not later than 21 days before the commencement of such Sittings.

(6) This sub-rule shall apply only to the Dublin circuit. Every notice of motion shall state the date upon which it is intended that the action shall be listed for hearing, and shall be issued and filed by the plaintiff in the office not later than 21 days before such date.

(7) There shall be filed with the application true copies of the notice and copies of the notice as amended or modified, if any.

(8) All applications shall be dated, and bear the name, address and description of the plaintiff and shall be signed by his solicitor, if any, or, if none, by himself.

(9) Save by special leave of the court or save as otherwise provided for by the Acts, all applications under this rule shall be heard upon oral evidence.

(10) The court may make such order as to costs as may be appropriate, including an order measuring the costs.

[SI 312/07]

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