Blessington Heritage Trust Ltd. v. Wicklow County Council [1998] IEHC 8; [1999] 4 IR 571 (21st January, 1998)

Blessington Heritage Trust Ltd. v. Wicklow County Council [1998] IEHC 8; [1999] 4 IR 571 (21st January, 1998)

The applicant company, being genuinely and actively involved in local environmental and planning matters, has locus standi to maintain these proceedings. The Blessington Plan was part of the overall review of the County Development Plan and subject to Section 20 of the 1963 Act. The statutory time limits for review are directory, not mandatory, and the Minister's extension of time, though not ideal in its retrospective effect, was valid. The County Council's adoption of the Blessington Plan was not ultra vires and the applicant is not debarred by delay or technical company law issues.

Citation
[1999] 4 IR 571
Parties
Applicant: Blessington Heritage Trust Limited; First Respondent: Wicklow County Council; Second Respondent: Minister for the Environment; Notice Party: Roadstone (Dublin) Limited
Jurisdiction
Ireland
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Application dismissed
Legal Topics
Locus Standi, Development Plans, Statutory Interpretation, Judicial Review, Planning Permission, Retrospective Legislation, Procedural Fairness
Administrative Law Planning Law Local Government Law Locus Standi Development Plans Statutory Interpretation Judicial Review Planning Permission +2 more

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Parties

Blessington Heritage Trust Limited

Applicant

Wicklow County Council

First Respondent

Minister for the Environment

Second Respondent

Roadstone (Dublin) Limited

Notice Party

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether the applicant company has locus standi to challenge the adoption of the Blessington Development Plan
  2. 2 Whether the Blessington Plan was adopted outside the statutory period under Section 20 of the Local Government (Planning and Development) Act, 1963
  3. 3 Whether the Minister had jurisdiction to extend the period for review and whether such extension could operate retrospectively

Ratio Decidendi

The applicant company, being genuinely and actively involved in local environmental and planning matters, has locus standi to maintain these proceedings. The Blessington Plan was part of the overall review of the County Development Plan and subject to Section 20 of the 1963 Act. The statutory time limits for review are directory, not mandatory, and the Minister's extension of time, though not ideal in its retrospective effect, was valid. The County Council's adoption of the Blessington Plan was not ultra vires and the applicant is not debarred by delay or technical company law issues.

Court Disposition

Application dismissed

Orders

  • Relief sought by the applicant refused
  • Applicant found to have locus standi