Murphy v. Wicklow County Council [1999] IESC 83 (2nd December, 1999)

Murphy v. Wicklow County Council [1999] IESC 83 (2nd December, 1999)

The Statutory Instrument No. 178 of 1980, establishing the Glen of the Downs nature reserve, expressly excludes any part of the land that forms part of a public road. The use of the indefinite article 'a public road' means that any public road, including a widened or new road, is excluded from the nature reserve. Therefore, the statutory instrument does not require amendment to allow for the proposed road widening, and the applicant is not entitled to the relief sought.

Citation
[1999] IESC 83
Parties
Applicant/appellant: Dermot Murphy; Respondent: Wicklow County Council
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Supreme Court Appeal
Outcome
appeal dismissed
Legal Topics
Nature Reserves, Statutory Interpretation, Compulsory Purchase, Locus Standi, Public Roads, Ministerial Powers
Environmental Law Administrative Law Public Law Nature Reserves Statutory Interpretation Compulsory Purchase Locus Standi Public Roads +1 more

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 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Dermot Murphy

Applicant/appellant

Wicklow County Council

Respondent

Procedural Posture

Judicial Review / Supreme Court Appeal

Legal Issues

  1. 1 Does Statutory Instrument No. 178 of 1980 need to be amended due to the proposed road widening?
  2. 2 If amendment is required, when should it occur?
  3. 3 Can a party other than the Minister enforce the Wildlife Act, 1976?

Ratio Decidendi

The Statutory Instrument No. 178 of 1980, establishing the Glen of the Downs nature reserve, expressly excludes any part of the land that forms part of a public road. The use of the indefinite article 'a public road' means that any public road, including a widened or new road, is excluded from the nature reserve. Therefore, the statutory instrument does not require amendment to allow for the proposed road widening, and the applicant is not entitled to the relief sought.

Court Disposition

appeal dismissed