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Order 56

Planning

Rule 1 — Appeal under Section 14(4) of the Planning and Development Act 2000

1. [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.

(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 ten 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.

Rule 2 — Appeal under Section 97(14) of the Act

2.[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 sub-section (5) of Section 97 and a copy of the written notice given by the Planning Authority under sub-section (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.

(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.

(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 ten days after service on him of the Civil Bill enter an Appearance and within a further ten 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.

Rule 3 — 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”.

(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 ten 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.

Rule 4 — Applications under Section 90

4.[3] (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.

(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.

[1] Order 56 substituted by SI 312 of 2007, effective 20 July 2007.
[1] Order 56 rule 1(4) substituted by SI 132 of 2009, effective 3 April 2009.
[2] Order 56 rule 2(5) substituted by SI 132 of 2009, effective 3 April 2009.
[3] Order 56 rule 4(5) substituted by SI 132 of 2009, effective 3 April 2009.

Gaeilge

Order 42	Appeals to the Court of Criminal Appeal
General Amendment 2	S.I. No. 188 of 2008: Circuit Court Rules (Jurisdiction, Recognition, Enforcement and Service of Proceedings) 2008
General Amendment 3	S.I. No. 251 of 2009: Circuit Court Rules (Miscellaneous) 2009
General Amendment 4	S.I. No. 276 of 2014: Circuit Court Rules (Registered Post) 2014
General Amendment 5	S.I. No. 317 of 2013: Circuit Court Rules (Personal Insolvency) 2013
General Amendment 6	S.I. No. 379 of 2018: Circuit Court Rules (Fines (Payment and Recovery)) 2018
General Amendment 7	S.I. No. 445 of 2010: Circuit Court Rules (Miscellaneous) 2010
General Amendment 8	S.I. No. 583 of 2009: Circuit Court Rules (Combined Court Offices) 2009
General Amendment 9	S.I. No. 597 of 2014: Circuit Court Rules (Lugano Convention and Maintenance Regulation) 2014
Order 1	Sittings, language and office hours
Order 2	Venue
Order 2A	Jurisdiction and the Recognition and Enforcement of Judgments in Civil or Commercial Matters : S.I. No. 882 of 2004
Order 3	Judges' robes and mode of address to the judges
Order 4	Court Seal and Authentication of Court documents
Order 5	Commencement of proceedings
Order 5A	Procedure by personal injuries summons : S.I. No. 526 of 2005
Order 5B	Actions for Possession and Well-charging Reliefs : S.I. No. 264 of 2009
Order 6	Parties
Order 5C	Defamation Act 2009 : S.I. No. 486 of 2009
Order 7	Third Party Procedure
Order 8	Actions by and against firms and persons carrying on business in names other than their own
Order 9	Joinder of Claims
Order 10	Indorsement of claim
Order 11	Issue of civil bills - service of documents : S.I. No. 132 of 2009
Order 12	Renewal of Civil Bill
Order 13	Service out of the jurisdiction
Order 14	Service out of the Jurisdiction under the 1998 Act, Regulation No. 1215/2012 or the Lugano Convention : S.I. No. 618 of 2015
Order 14A	Service out of the Jurisdiction under: Council Regulation (EC) No 2201/2003 (Matrimonial Matters and Matters of Parental Responsibility) Council Regulation (EC) No 4/2009 (Maintenance Obligations) : S.I. No. 597 of 2014
Order 14B	Service in EU Member States (including the State) of judicial and extra-judicial documents : S.I. No. 883 of 2004 (as amended by S.I. No. 597 of 2014)
Order 15	Appearance, defence, lodgment, offer of payment in lieu of lodgment and counterclaim
Order 16	Security for costs
Order 17	Particulars and further particulars in claim or defence
Order 18	County Registrar
Order 19	Side-bar applications
Order 19A	Case Progression (General) : S.I. No. 539 of 2009
Order 20	Sittings in chambers and interlocutory applications
Order 21	Discontinuance
Order 22	Change of parties
Order 23	Evidence
Order 23A	Taking of evidence for EU Courts : S.I. No. 302 of 2013
Order 24	Attendance of witnesses
Order 25	Affidavits
Order 26	Judgment by default in cases of liquidated demands and claims for delivery of goods and chattels
Order 27	Judgment by default in cases not coming within the preceding order
Order 28	Summary judgment
Order 29	Judgment by consent in the office
Order 30	Review of judgments
Order 31	Admissions
Order 32	Discovery and inspection of documents and interrogatories
Order 33	Trial
Order 33A	Mediation and other alternative dispute resolution processes : S.I. No. 11 of 2018
Order 34	Order as to trial of separate issues
Order 35	Transfer of Actions
Order 35A	European Enforcement Orders : S.I. No. 1 of 2006
Order 35B	European Account Preservation Order : S.I. No. 2012 of 2017
Order 36	Execution
Order 37	Attachment and committal
Order 38	Attachment of debts by garnishee
Order 39	Receiver by way of equitable execution
Order 40	Interpleader
Order 41	Appeals from the District Court
Order 41A	Fines (Payment and Recovery) : S.I. No. 379 of 2018
Order 43	Sales
Order 44	Security
Order 45	Administrators pendente lite and receivers
Order 46	The County Officers and Courts (Ireland) Act, 1877; the Settled Land Acts; the Trustee Relief Acts; and the Trustee Acts
Order 46A	Land and Conveyancing Law Reform Act 2009 : S.I. No.155 of 2010
Order 46B	Multi-Unit Developments Act 2011 : S.I. No. 153 of 2011
Order 47	Persons of unsound mind
Order 47A	Mental Health : S.I. No. 11 of 2007
Order 47B	Applications under the Assisted Decision-Making (Capacity) Act 2015
Order 48	Accounts
Order 49	Intoxicating liquor licences
Order 50	Probate actions
Order 51	Landlord and tenant
Order 51A	Residential Tenancies Act 2004 : S.I. No. 388 of 2005 Circuit Court Rules (Residential Tenancies Act 2004) 2005
Order 52	Malicious injuries
Order 53	Restoration of Companies to the Register pursuant to Chapter 2 of Part 12 of the Companies Act 2014 : S.I. No. 471 of 2015
Order 53A	Examinership : S.I. No. 471 of 2015 Circuit Court Rules (Companies Act 2014) 2015
Order 53B	Investigation of company’s affairs under Part 13 of the Companies Act 2014 : S.I. No. 471 of 2015
Order 54	Housing Act, 1966
Order 55	Housing (Miscellaneous Provisions) Act, 1979 (No. 27 of 1979)
Order 56	Planning
Order 57	Employment
Order 57A	Equal Status Acts 2000 to 2004 : S.I. No. 349 of 2006
Order 57B	Pension Ombudsman : S.I. No. 588 of 2007 & S.I. No. 446 of 2010
Order 58	Local Elections (Petitions and Disqualifications) Act, 1974 (No. 8 of 1974)
Order 59	Family law : S.I. No. 427 of 2018
Order 59A	Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 : S. I. No. 385 of 2011
Order 60	Data protection : S.I. No. 222 of 2019
Order 61	Provision of documentation pursuant to section 14 of the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1998
Order 61A	Jurisdiction and the Recognition and Enforcement of Judgments and Decisions of the Circuit Court in Civil or Commercial Matters : S.I. No. 618 of 2015
Order 62	Cases stated
Order 63	Transfer of trial to the Dublin Circuit Court
Order 64	Motions
Order 64A	Funds in court : S.I. No. 525 of 2005
Order 64B	Procedure in Statutory Applications : S.I. No. 470 of 2009
Order 64C	Procedure in Statutory Appeals : S.I. No. 470 of 2009
Order 66	Costs
Order 65	Amendments
Order 67	General
Order 67A	Recording of Proceedings : S.I. No. 354 of 2008
Amendment to Order 67A	S.I. No. 100 of 2013: Circuit Court Rules (Recording of Proceedings) 2013
Order 68	Sex Offenders Act, 2001
Order 68A	Criminal Justice Act 2006 : S.I. No. 169 of 2007
Order 68B	Criminal Law (Insanity) Act 2006 : S.I. No. 596 of 2007
Order 69	Section 39 Criminal Justice Act, 1994: S.I. No. 448 of 2004
Order 70	European Arrest Warrant Act 2003 : S.I. No. 57 of 2005
Order 71	Taxi Regulation : S.I. No. 350 of 2006
Order 72	Appeals under the Social Welfare Consolidation Act 2005 : S.I. No. 10 of 2007
Order 72A	Health (Repayment Scheme Act 2006) 2007 : S.I. No. 446 of 2007
Order 72B	S.I. No. 585 of 2008: Consumer Protection Act 2007
Order 73	Proceedings under the Personal Insolvency Act 2012 : S.I. No. 317 of 2013
General Amendment 1	S.I. No. 155 of 2010: Circuit Court Rules (Land and Conveyancing Law Reform Act 2009) 2010

Circuit Court Rules

Order 56

Planning

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