John Conway v An Bord Pleanala, The Minister for Housing, Local Government and Heritage, Ireland, The Attorney General, and Silvermount Ltd (Unapproved) [2024] IESC 34 (23 July 2024)

John Conway v An Bord Pleanala, The Minister for Housing, Local Government and Heritage, Ireland, The Attorney General, and Silvermount Ltd (Unapproved) [2024] IESC 34 (23 July 2024)

Section 28(1C) of the Planning and Development Act 2000 is not an unconstitutional delegation of legislative power under Article 15.2.1⁰, as it is sufficiently constrained by statutory principles, subject matter, safeguards, and democratic accountability. It does not infringe Article 28A, as local government powers remain meaningful but are subject to national policy controls. The SPPRs are not ultra vires s. 28(1C).

Citation
[2024] IESC 34
Parties
Appellant: John Conway; First Respondent: An Bord Pleanála; Second Respondent: The Minister for Housing, Local Government and Heritage; Third Respondent: Ireland; Fourth Respondent: The Attorney General; Notice Party: Silvermount Ltd.
Jurisdiction
Ireland
Judgment Date
23 July 2024
Procedural Posture
Judicial Review / Appeal From High Court to Supreme Court
Outcome
appeal dismissed
Legal Topics
Delegation of Legislative Power, Local Government Autonomy, Ministerial Guidelines, Planning and Development, Judicial Review
Constitutional Law Administrative Law Planning Law Delegation of Legislative Power Local Government Autonomy Ministerial Guidelines Planning and Development Judicial Review

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 3 Authorities cited 23 Party arguments 2
Sign in to unlock

Parties

John Conway

Appellant

An Bord Pleanála

First Respondent

The Minister for Housing, Local Government and Heritage

Second Respondent

Ireland

Third Respondent

The Attorney General

Fourth Respondent

Silvermount Ltd.

Notice Party

Procedural Posture

Judicial Review / Appeal From High Court to Supreme Court

Legal Issues

  1. 1 Whether s. 28(1C) of the Planning and Development Act 2000 is an unconstitutional delegation of legislative power under Article 15.2.1⁰
  2. 2 Whether s. 28(1C) infringes Article 28A of the Constitution regarding local government
  3. 3 Whether the Specific Planning Policy Requirements (SPPRs) are ultra vires s. 28(1C)

Ratio Decidendi

Section 28(1C) of the Planning and Development Act 2000 is not an unconstitutional delegation of legislative power under Article 15.2.1⁰, as it is sufficiently constrained by statutory principles, subject matter, safeguards, and democratic accountability. It does not infringe Article 28A, as local government powers remain meaningful but are subject to national policy controls. The SPPRs are not ultra vires s. 28(1C).

Court Disposition

appeal dismissed

Orders

  • Decision of the High Court affirmed
  • Constitutional challenge rejected