Cork Institute of Technology v. An Bord Pleanála & Anor [2013] IEHC 3, 15 January 2013

Ireland“… I find myself driven to the conclusion that the better view of Article 157(1) is that it was intended to dispense with the necessity for planning fees where the application for planning permission had been made for eleemosynary or charitable purposes by a body which was not directly part of the State apparatus. While it is true that the Institute’s work is substantially subvented from public funds and its activities are regulated by statute, the fact remains that the core of its work is charitable and eleemosynary in the classic sense of that term which the law has always recognised. Thus, the provision of education – not least in the field of science, technology and innovation – is of the first public importance. The work of the Institute opens this world to a new generation of young people and it would scarcely be an exaggeration to say that the future of the country is contingent on the education of that new generation. Accordingly, it is in that purposive sense – as mandated by s. 5(2)(a) of the 2005 Act – that it can be said that the Institute is a voluntary organisation within the meaning of Article 157(1) …”

Hogan J, Cork Institute of Technology -v- An Bord Pleanála & Anor 2013 [IEHC] 3, 15 January 2013

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