Spencer Place Development Company Ltd v Dublin City Council (Approved) [2020] IECA 268_1 (02 October 2020)

Spencer Place Development Company Ltd v Dublin City Council (Approved) [2020] IECA 268_1 (02 October 2020)

The Briefing Note was not justiciable as it was an advisory document with no legal effect or binding status, not part of the statutory planning process, and did not affect any legally enforceable right of the applicant. The proceedings were also premature, as the applicant should have awaited the outcome of the planning applications before seeking judicial review. There was no prejudice to the applicant in allowing the planning process to conclude before resorting to the courts.

Citation
[2020] IECA 268_1
Parties
Applicant/appellant: Spencer Place Development Company Limited; Respondent: Dublin City Council
Jurisdiction
Ireland
Judgment Date
02 October 2020
Procedural Posture
Judicial Review (planning) / Appeal From High Court to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Justiciability, Prematurity of Judicial Review, Interpretation of Planning Guidelines, Ministerial Guidelines Under Planning and Development Act 2000
Administrative Law Planning Law Justiciability Prematurity of Judicial Review Interpretation of Planning Guidelines Ministerial Guidelines Under Planning and Development Act 2000

Case Brief

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Parties

Spencer Place Development Company Limited

Applicant/appellant

Dublin City Council

Respondent

Procedural Posture

Judicial Review (planning) / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the Briefing Note issued by Dublin City Council is justiciable and amenable to judicial review
  2. 2 Whether the judicial review proceedings were commenced prematurely before the planning authority made a decision on the planning applications

Ratio Decidendi

The Briefing Note was not justiciable as it was an advisory document with no legal effect or binding status, not part of the statutory planning process, and did not affect any legally enforceable right of the applicant. The proceedings were also premature, as the applicant should have awaited the outcome of the planning applications before seeking judicial review. There was no prejudice to the applicant in allowing the planning process to conclude before resorting to the courts.

Court Disposition

appeal dismissed

Orders

  • The appeal is refused on the basis that the Briefing Note is not amenable to judicial review and the proceedings were premature.