File 35 - Pine Valley Developments v Ireland

171pp

Pine Valley bought land for development on reliance of outline planning permission but was then refused planning permission on grounds land was not suitable. Incurred massive losses and blamed Government for negligence (essentially land was misrepresented as being suitable for development when had been earmarked for agricultural use to retain green belt - planning permission had been granted to previous owner of land on appeal). Case went to High Court and Supreme Court before going to European Commission of Human Rights who then sent it to European Court of Human Rights. In November 1991 judgement dismissed Government's case.

[Archivist's Note: Mary Robinson (MR) was Senior Counsel from when it went to the Commission but passed to co-Senior Counsel when it was heard in European Court (May 1991), following her inauguration as President of Ireland. File is incomplete and does not extend beyond Sep 1990.]

Material in this file consists of correspondence between MR and Gerard H. Walsh, solicitor, case documents (legal) with notation, handwritten case notes and research material. It includes European Commission of Human Rights Decision on admissibility for application of Pine Valley Developments Ltd. and Others against Ireland, with cover letter from Michael [O'Boyle?], 08/11/1989; draft copies of Response of Applicants to the Additional Observations of the government of Ireland, with notation [1989/1990?]; Copy of Observations of the Government of Ireland on the Applicants' Response to the Additional Observations of the Government of Ireland, with cover letter from HC Kruger, Secretary to the European commission of Human Rights, 12/02/1990; European Commission of Human Rights report on Application, adopted 06/06/1990 with Request from CA Norgaard, President of the European Commission of Human Rights, to the European Court of Human Rights, 01/07/1990 and cover letter from Kruger, 10/07/1990; correspondence relating to Government's own application to European Court of Human Rights 13-18/09/1990; final letter on file from Walsh to MR reporting the tentative date for hearing as 23/05/1991 and hoping that she is no longer involved in the case by that time, referring to MR's Presidential election campaign 21/09/1990.

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