Malone & Anor v Laois County Council & Ors (Approved) [2025] IEHC 345 (23 June 2025)

Malone & Anor v Laois County Council & Ors (Approved) [2025] IEHC 345 (23 June 2025)

Section 160 PDA 2000 proceedings cannot be used to challenge the validity of planning permissions long after expiry of judicial review time limits; such proceedings constitute an impermissible collateral attack. Alleged breaches of EU environmental law do not render permissions invalid or developments unauthorised for s.160 purposes where no timely judicial review was sought. The court lacks jurisdiction to grant declaratory reliefs or damages as sought. The proceedings are bound to fail and are dismissed.

Citation
[2025] IEHC 345
Parties
Applicant: David Malone; Applicant: Thomas McEvoy; Respondent: Laois County Council; Respondent: An Bord Pleanála; Respondent: Booth Precast Concrete Limited; Notice Party: Ireland; Notice Party: Attorney General
Jurisdiction
Ireland
Judgment Date
23 June 2025
Procedural Posture
Section 160 Planning and Development Act 2000 Application / Motions to Strike Out/dismiss and Counter Motion
Outcome
Proceedings dismissed/struck out as bound to fail, improperly constituted, and an impermissible collateral attack.
Legal Topics
Unauthorised Development, Expiry of Planning Permissions, EU Law Supremacy, Effective Judicial Protection, Environmental Impact Assessment, Waste Disposal, Public Participation, Judicial Review Time Limits, Collateral Attack, Declaratory Relief
Planning Law Environmental Law European Union Law Administrative Law Unauthorised Development Expiry of Planning Permissions EU Law Supremacy Effective Judicial Protection +6 more

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Parties

David Malone

Applicant

Thomas McEvoy

Applicant

Laois County Council

Respondent

An Bord Pleanála

Respondent

Booth Precast Concrete Limited

Respondent

Ireland

Notice Party

Attorney General

Notice Party

Procedural Posture

Section 160 Planning and Development Act 2000 Application / Motions to Strike Out/dismiss and Counter Motion

Legal Issues

  1. 1 Whether s.160 PDA 2000 proceedings can be used to challenge the validity of planning permissions long after expiry of judicial review time limits
  2. 2 Whether alleged breaches of EU environmental law render permissions invalid and developments unauthorised
  3. 3 Whether the court has jurisdiction to grant declaratory reliefs and damages for alleged breaches of EU law

Ratio Decidendi

Section 160 PDA 2000 proceedings cannot be used to challenge the validity of planning permissions long after expiry of judicial review time limits; such proceedings constitute an impermissible collateral attack. Alleged breaches of EU environmental law do not render permissions invalid or developments unauthorised for s.160 purposes where no timely judicial review was sought. The court lacks jurisdiction to grant declaratory reliefs or damages as sought. The proceedings are bound to fail and are dismissed.

Court Disposition

Proceedings dismissed/struck out as bound to fail, improperly constituted, and an impermissible collateral attack.

Orders

  • All motions to strike out/dismiss granted.
  • Applicants' counter-motion refused.