McCaffrey -v- Minister for Department of Agriculture, Food and Marine & anor [2016] IEHC 731 (19 December 2016)

McCaffrey -v- Minister for Department of Agriculture, Food and Marine & anor [2016] IEHC 731 (19 December 2016)

The court found that the Minister complied with the statutory requirements by publishing notice on the website, and subsequently afforded the applicant an effective opportunity to make submissions, which he failed to utilise. The procedures, including supplemental steps taken by the Minister, satisfied the requirements of constitutional justice and Directive 2011/92/EU. No breach of fair procedures or property rights occurred, and the decision was lawful and rational.

Citation
[2016] IEHC 731
Parties
Applicant: James McCaffrey; First Named Respondent: Minister for Department of Agriculture, Food and Marine; Second Named Respondent: Caillin Curran
Jurisdiction
Ireland
Judgment Date
19 December 2016
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review refused; decision of Minister upheld.
Legal Topics
Judicial Review, Public Consultation, Environmental Impact Assessment, Property Rights, Fair Procedures, Ultra Vires, Directive Compliance
Administrative Law Environmental Law Constitutional Law Judicial Review Public Consultation Environmental Impact Assessment Property Rights Fair Procedures +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 20 Party arguments 2
Sign in to unlock

Parties

James McCaffrey

Applicant

Minister for Department of Agriculture, Food and Marine

First Named Respondent

Caillin Curran

Second Named Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the applicant was unlawfully excluded from the statutory public consultation process regarding afforestation consent.
  2. 2 Whether the Minister failed to comply with Regulation 5 of the European Communities (Forest Consent and Assessment) Regulations 2010 and Directive 2011/92/EU.
  3. 3 Whether the applicant's constitutional rights to fair procedures and property were breached.

Ratio Decidendi

The court found that the Minister complied with the statutory requirements by publishing notice on the website, and subsequently afforded the applicant an effective opportunity to make submissions, which he failed to utilise. The procedures, including supplemental steps taken by the Minister, satisfied the requirements of constitutional justice and Directive 2011/92/EU. No breach of fair procedures or property rights occurred, and the decision was lawful and rational.

Court Disposition

Application for judicial review refused; decision of Minister upheld.

Orders

  • Leave to bring judicial review proceedings previously granted.
  • Interlocutory restraint on second named respondent pending determination lifted.