Superior Court Rules

ORDER 103

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1976

1. In this Order–

‘the Act’ means the Local Government (Planning and Development) Act, 1976.

2. An application for an order under section 27 of the Act shall be by motion on notice to the person against whom relief is sought.

3. 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 Central Office.

4. Notice of the motion shall be given to the person against whom the relief is sought (the respondent); 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 either dismiss the application, or adjourn the hearing thereof, in order that such notice may be given, upon such terms (if any) as the court may think fit to impose.

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

6.(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 a motion under rule 2 shall be by affidavit.

(b) Any affidavit to be used in support of the motion shall be filed in the Central 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 Central Office by the respondent 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 applicant.

7. Pending the determination of an application under section 27 of the Act, the court on the application of the applicant or the respondent, 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.

8. (1) Notwithstanding anything previously contained in this Order, in any case in which the identity of the person or persons alleged to be carrying on an unauthorised development is unknown to the applicant, the court may, if satisfied that the applicant has made sufficient and reasonable enquiries in all the circumstances and that the order (whether interim, interlocutory or otherwise) is otherwise justified, make the order sought and shall give such directions in accordance with this rule as to service of the order and notification of the making of the order as appears reasonable and practicable in the circumstances.

(2) (i) Unless for special reason which the court shall specify, the court shall direct that notification of the making of the order be affixed to the site on which the unauthorised development is taking place together with a copy of the order of the court.

(ii) Such notification shall include:

(a) the title and record number of the proceedings;

(b) the name and address of the applicant;

(c) the name and address of the applicant’s solicitors (if any);

(d) a statement of the nature of the unauthorised development;

(e) a summary of the order of the court including when the said order was made.

(iii) Such notification and copy order shall be in a transparent weatherproof enclosure and shall be securely affixed to the site in question at or adjacent to any entrance to or any exit of any kind from the site and in any event in a prominent and visible position and capable of being read.

(3) Any proceedings taken under this rule shall be taken against ‘a person or persons unknown’, as the case may be.

(4) Any person, not already a party to the proceedings, claiming to be affected by the making of any order under this rule may apply to the court by motion on notice to be joined as a party and the court may make such order thereon as appears just and proper.

(5) The court may, in addition to making an order under sub-rule (2)(i) above, also direct service of and or notification of the order on any other person and in such a manner as may be specified.

(6) The provisions of this rule are without prejudice to the power of the Court to make an order under Order 10 or Order 11, either in addition to or in lieu of making an order under this rule.

(7) In any proceeding under this Order where there are a number of respondents and where the identity of at least one of the respondents is unknown the court may, in addition to or in lieu of making of an order providing for service and/or notification of the making of an order, direct that service and or notification of such order be made on some or all of the known parties on behalf of the person or persons unknown.

[SI 5/96]

9. (1) Any question of law referred to the High Court for decision pursuant to section 50(1) of the Planning and Development Act, 2000 shall be brought by a special summons entitled in the matter of the relevant appeal or referral before the Board, on the application of the Board. The summons shall state concisely the question referred for the decision of the court and shall be served on all parties to the appeal or referral before the Board.

(2) The Board and any party to the appeal or referral before it may appear and be heard in relation to the question of law referred to the High Court.

(3) The court may give such directions as appear necessary or appropriate for the proper determination of the question.

[SI 813/04]

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