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 does not infringe Article 15.2 or Article 28A of the Constitution; the delegation is limited, technical, and subject to sufficient principles, policies, and democratic controls. SPPRs require publication, which was satisfied. The appeal is dismissed.

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; Developer: Silvermount Ltd
Jurisdiction
Ireland
Judgment Date
23 July 2024
Procedural Posture
Constitutional Appeal / Supreme Court Judgment
Outcome
appeal dismissed
Legal Topics
Delegation of Legislative Power, Local Government Functions, Standing in Constitutional Litigation, Publication and Promulgation of Guidelines
Constitutional Law Administrative Law Planning Law Delegation of Legislative Power Local Government Functions Standing in Constitutional Litigation Publication and Promulgation of Guidelines

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 5 Authorities cited 13 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

Developer

Procedural Posture

Constitutional Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether section 28(1C) of the Planning and Development Act, 2000 infringes Article 15.2 of the Constitution by delegating legislative power
  2. 2 Whether section 28(1C) undermines local government functions protected by Article 28A
  3. 3 Whether SPPRs require publication and promulgation for validity

Ratio Decidendi

Section 28(1C) of the Planning and Development Act, 2000 does not infringe Article 15.2 or Article 28A of the Constitution; the delegation is limited, technical, and subject to sufficient principles, policies, and democratic controls. SPPRs require publication, which was satisfied. The appeal is dismissed.

Court Disposition

appeal dismissed

Orders

  • Order of the High Court affirmed
  • SPPRs upheld as valid