McHugh -v- Kildare County Council [2009] IESC 16 (24 February 2009)

McHugh -v- Kildare County Council [2009] IESC 16 (24 February 2009)

Section 38 of the Local Government (Planning and Development) Act, 1963 does not empower a local authority to enter into an agreement for the transfer of land; such an agreement is ultra vires and void. The purported agreement of 13th May 1999 is not enforceable.

Citation
[2009] IESC 16
Parties
Plaintiff/appellant: Charles McHugh; Defendant/respondent: Kildare County Council
Jurisdiction
Ireland
Judgment Date
24 February 2009
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court
Outcome
Appeal allowed; High Court order set aside; agreement declared void
Legal Topics
Validity of Agreements Under Statutory Authority, Ultra Vires Acts of Local Authorities, Enforceability of Planning Agreements
Contract Law Administrative Law Planning Law Validity of Agreements Under Statutory Authority Ultra Vires Acts of Local Authorities Enforceability of Planning Agreements

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Parties

Charles McHugh

Plaintiff/appellant

Kildare County Council

Defendant/respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court

Legal Issues

  1. 1 Whether the agreement of 13th May 1999 is an enforceable agreement under section 38 of the Local Government (Planning and Development) Act, 1963
  2. 2 Whether the agreement is ultra vires the powers of the local authority

Ratio Decidendi

Section 38 of the Local Government (Planning and Development) Act, 1963 does not empower a local authority to enter into an agreement for the transfer of land; such an agreement is ultra vires and void. The purported agreement of 13th May 1999 is not enforceable.

Court Disposition

Appeal allowed; High Court order set aside; agreement declared void

Orders

  • The appeal is allowed.
  • The agreement of 13th May 1999 is declared void and unenforceable.