Court Holds Challenge to Development of Car Park is Time Barred

Colm Scott Byrne, Decisis

November 22, 2021

Diamrem Ltd v Cliffs of Moher Centre Ltd [2021] IECA 291 (Court of Appeal (civil), Woulfe J, 5 November 2021)

The Court of Appeal dismisses appeal and upholds decision of the High Court to refuse the appellant's application for a planning injunction, on the grounds that: (a) the trial judge was correct in finding that the application was time barred; (b) the application was brought over a year after the expiration of seven years from the commencement of the development; and (c) the statement made by the respondent in the compliance document about retaining the temporary car park pending a full assessment of the park and ride scheme was not the type of clear and unequivocal representation necessary to give rise to an estoppel which would prevent the respondents invoking the time limits.

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