Raggett v. Athy U.D.C. [1999] IEHC 174; [2000] 1 IR 469; [2000] 1 ILRM 375 (4th June, 1999)

Raggett v. Athy U.D.C. [1999] IEHC 174; [2000] 1 IR 469; [2000] 1 ILRM 375 (4th June, 1999)

The planning authority must consider all representations, including those proposing further amendments, and is empowered to propose further amendments if deemed appropriate, subject to statutory notice requirements for material alterations. Section 21A does not preclude further amendments; the process is controlled by the authority and extended only if justified by circumstances.

Citation
[2000] 1 ILRM 375
Parties
Applicant: Applicant; Respondent: Respondent
Jurisdiction
Ireland
Procedural Posture
Judicial Review (interlocutory Injunction) / Return Date Hearing, Determination of Issues Prior to Formal Judicial Review Application
Outcome
Declaratory judgment in favour of Applicant; Respondent must consider Applicant's submission and is empowered to propose further amendments subject to statutory notice.
Legal Topics
Development Plan Amendments, Statutory Interpretation, Public Consultation
Administrative Law Planning Law Development Plan Amendments Statutory Interpretation Public Consultation

Case Brief

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Judicial Review (interlocutory Injunction) / Return Date Hearing, Determination of Issues Prior to Formal Judicial Review Application

Legal Issues

  1. 1 Whether the Applicant's submission of 25th May 1999 must be considered under Section 21A of the Local Government (Planning and Development) Act, 1963
  2. 2 Whether the Respondent is obliged to entertain the Applicant's submission
  3. 3 Whether the Respondent is empowered to propose further amendments to the draft development plan in response to submissions

Ratio Decidendi

The planning authority must consider all representations, including those proposing further amendments, and is empowered to propose further amendments if deemed appropriate, subject to statutory notice requirements for material alterations. Section 21A does not preclude further amendments; the process is controlled by the authority and extended only if justified by circumstances.

Court Disposition

Declaratory judgment in favour of Applicant; Respondent must consider Applicant's submission and is empowered to propose further amendments subject to statutory notice.

Orders

  • Respondent to consider Applicant's submission of 25th May 1999 in accordance with Section 21A(2)
  • Respondent empowered to propose further amendments if appropriate, subject to notice requirements