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 unconstitutional having regard to Article 28A or Article 15.2 of the Constitution; the guidelines were not ultra vires; promulgation and publication requirements were satisfied; there was no usurpation or abdication of the legislative function by the Oireachtas.

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
Appeal / Supreme Court Judgment
Outcome
appeal dismissed
Legal Topics
Locus Standi, Ultra Vires, Delegated Legislation, Promulgation and Publication of Guidelines, Rule of Law, Democratic Accountability, Article 28 a of the Constitution, Article 15.2 of the Constitution
Constitutional Law Administrative Law Planning Law Locus Standi Ultra Vires Delegated Legislation Promulgation and Publication of Guidelines Rule of Law +3 more

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

Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether s. 28(1C) of the Planning and Development Act 2000 is unconstitutional having regard to Article 28A of the Constitution
  2. 2 Whether s. 28(1C) is unconstitutional having regard to Article 15.2 of the Constitution
  3. 3 Whether the Building Height Guidelines or Apartment Guidelines were ultra vires

Ratio Decidendi

Section 28(1C) of the Planning and Development Act 2000 is not unconstitutional having regard to Article 28A or Article 15.2 of the Constitution; the guidelines were not ultra vires; promulgation and publication requirements were satisfied; there was no usurpation or abdication of the legislative function by the Oireachtas.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.