John Conway v An Bord Pleanala, The Minister for Housing, Local Government and Heritage, Ireland, The Attorney General, and Silvermount Ltd (Approved) (Rev1) [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 (Approved) (Rev1) [2024] IESC 34 (23 July 2024)

Section 28(1C) of the Planning and Development Act 2000 is not invalid having regard to Article 28A or Article 15.2 of the Constitution; promulgation and publication requirements for ministerial guidelines are satisfied and grounded in the rule of law and democratic nature of the State; no usurpation or abdication of the legislative power of the Oireachtas occurred.

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; Respondent: Silvermount Ltd
Jurisdiction
Ireland
Judgment Date
23 July 2024
Procedural Posture
Constitutional Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Constitutionality of S.28(1 C) Planning and Development Act 2000, Rule of Law, Democratic Accountability, Promulgation and Publication of Ministerial Guidelines, Legislative Power of Oireachtas
Constitutional Law Administrative Law Planning Law Constitutionality of S.28(1 C) Planning and Development Act 2000 Rule of Law Democratic Accountability Promulgation and Publication of Ministerial Guidelines Legislative Power of Oireachtas

Case Brief

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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

Respondent

Procedural Posture

Constitutional Appeal / Final Judgment

Legal Issues

  1. 1 Whether s.28(1C) of the Planning and Development Act 2000 is invalid having regard to Article 28A of the Constitution
  2. 2 Whether s.28(1C) is invalid having regard to Article 15.2 of the Constitution
  3. 3 Whether promulgation and publication requirements for ministerial guidelines are constitutionally mandated

Ratio Decidendi

Section 28(1C) of the Planning and Development Act 2000 is not invalid having regard to Article 28A or Article 15.2 of the Constitution; promulgation and publication requirements for ministerial guidelines are satisfied and grounded in the rule of law and democratic nature of the State; no usurpation or abdication of the legislative power of the Oireachtas occurred.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Section 28(1C) of the Planning and Development Act 2000 upheld as constitutional