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 amount to an unconstitutional delegation of legislative power because it is sufficiently constrained by statutory principles, policies, and safeguards, and retains adequate democratic accountability. The provision does not violate Article 28A, as local government powers remain meaningful but are legitimately subject to national policy and central government oversight. The SPPRs at issue are not ultra vires the enabling legislation.

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 / Supreme Court Appeal From High Court
Outcome
appeal dismissed; High Court decision affirmed
Legal Topics
Delegation of Legislative Power, Local Government Powers, Planning Guidelines, Constitutionality of Legislation
Constitutional Law Administrative Law Planning Law Delegation of Legislative Power Local Government Powers Planning Guidelines Constitutionality of Legislation

Case Brief

Summary, issues, holding and outcome

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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 / Supreme Court Appeal From High Court

Legal Issues

  1. 1 Whether s. 28(1C) of the Planning and Development Act 2000 constitutes an unconstitutional delegation of legislative power contrary to Article 15.2.1° of the Constitution
  2. 2 Whether s. 28(1C) infringes Article 28A of the Constitution regarding local government powers
  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 does not amount to an unconstitutional delegation of legislative power because it is sufficiently constrained by statutory principles, policies, and safeguards, and retains adequate democratic accountability. The provision does not violate Article 28A, as local government powers remain meaningful but are legitimately subject to national policy and central government oversight. The SPPRs at issue are not ultra vires the enabling legislation.

Court Disposition

appeal dismissed; High Court decision affirmed