The Minister for Infrastructure and The Department for Infrastructure v Safe Electricity A&T Ltd & Anor [2022] NICA 61 (28 October 2022)

The Minister for Infrastructure and The Department for Infrastructure v Safe Electricity A&T Ltd & Anor [2022] NICA 61 (28 October 2022)

The Minister for Infrastructure was not required to refer the planning decision to the Executive Committee because section 20(7) of the Northern Ireland Act 1998, as amended by the Executive Functions Act 2020, expressly permits the Minister to make planning decisions without recourse to the Executive Committee. The Ministerial Code must be read in light of the amended statutory framework, and no breach occurred.

Citation
[2022] NICA 61
Parties
Appellants: The Minister for Infrastructure and The Department for Infrastructure; First Respondent: Safe Electricity A&T Limited; Second Respondent: Patrick Woods; Third Respondent: The Executive Office
Jurisdiction
Northern Ireland
Judgment Date
28 October 2022
Procedural Posture
Judicial Review (appeal) / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed; declaration set aside; judicial review dismissed.
Legal Topics
Ministerial Code, Statutory Interpretation, Planning Permission, Executive Committee Functions, Northern Ireland Act 1998
Administrative Law Constitutional Law Planning Law Ministerial Code Statutory Interpretation Planning Permission Executive Committee Functions Northern Ireland Act 1998

Case Brief

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Parties

The Minister for Infrastructure and The Department for Infrastructure

Appellants

Safe Electricity A&T Limited

First Respondent

Patrick Woods

Second Respondent

The Executive Office

Third Respondent

Procedural Posture

Judicial Review (appeal) / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the Minister for Infrastructure was legally required to refer a significant and/or controversial planning decision to the Executive Committee under the Ministerial Code after legislative amendments to the Northern Ireland Act 1998.

Ratio Decidendi

The Minister for Infrastructure was not required to refer the planning decision to the Executive Committee because section 20(7) of the Northern Ireland Act 1998, as amended by the Executive Functions Act 2020, expressly permits the Minister to make planning decisions without recourse to the Executive Committee. The Ministerial Code must be read in light of the amended statutory framework, and no breach occurred.

Court Disposition

Appeal allowed; declaration set aside; judicial review dismissed.

Orders

  • Declaration of breach of Ministerial Code set aside.
  • Judicial review application dismissed.