East Wicklow Conservation Community Ltd v Wicklow County Council
| Jurisdiction | Ireland |
| Judge | Mr. Justice Costello. |
| Judgment Date | 12 December 1994 |
| Neutral Citation | 1995 WJSC-HC 633 |
| Date | 12 December 1994 |
| Court | High Court |
| Docket Number | 343 JR/1994 |
1995 WJSC-HC 633
THE HIGH COURT
BETWEEN
AND
Citations:
EUROPEAN COMMUNITIES (ENVIRONMENTAL IMPACT ASSESSMENT) REGS 1989 SI 349/1989
LOCAL GOVT (PLANNING & DEVELOPMENT) REGS 1994 SI 86/1994
CITY & COUNTY MANAGEMENT (AMDT) ACT 1955 S2
CITY & COUNTY MANAGEMENT (AMDT) ACT 1955 S2(3)
CITY & COUNTY MANAGEMENT (AMDT) ACT 1955 S2(4)
CITY & COUNTY MANAGEMENT (AMDT) ACT 1955 S2(7)
CITY & COUNTY MANAGEMENT (AMDT) ACT 1955 S2(8)
CITY & COUNTY MANAGEMENT (AMDT) ACT 1955 S2(9)
CITY & COUNTY MANAGEMENT (AMDT) ACT 1955 S3
BRADLEY & ANOR V MEATH CO COUNCIL 1990 ILRM 179
PUBLIC HEALTH (IRL) ACT 1878 S55
CITY & COUNTY MANAGEMENT (AMDT) ACT 1955 S2(1)
Synopsis:
LOCAL GOVERNMENT
Local authority
Powers - Limitations - Works - Prevention - Manager - Decision to provide new waste-disposal site - Local authority obliged by statute to dispose of waste - Elected members of county council without power to prevent manager's choice of site - (1994/343 JR - Costello J. - 12/12/94) - [1996] 3 IR 175 - [1995] 2 ILRM 16
|East Wicklow Conservation Community Ltd. v. Wicklow County Council|
LOCAL GOVERNMENT
Sanitary services
Waste - Disposal - Site - Choice - Opposition - County manager - Powers - Exercise - Executive function of county council - Whether elected members can prohibit manager to proceed with provision of landfill site - Public Health (Ireland) Act, 1878, ss. 52, 55 - City and County Management (Amendment) Act, 1955, ss. 2, 3 - (1994/343 JR - Costello J. - 12/12/94) - [1996] 3 IR 175 - [1995] 2 ILRM 16
|East Wicklow Conservation Community Ltd. v. Wicklow County Council|
Mr. Justice Costello.Delivered 12 December 1994.
The area of County Wicklow close to the main road which runs between Rathnew and Arklow at a crossroads known as the Beehive Crossroads is gentle undulating farmland called Ballynagran. It also possesses characteristics which, in the opinion of consultants employed by the Wicklow County Council, make part of it suitable as a "landfill and waste disposal site", or, to put it in plainer language, as a rubbish dump. The local land owners and residents were strongly opposed to any suggestion that the area should be so used, a view shared, significantly, by a majority of the elected members of the Wicklow County Council who, on the 18 July 1994, passed a formal resolution rejecting a site at Ballynagran as an appropriate site for waste disposal and directed that other possible sites be actively investigated. The County Manager (through senior officials) has expressed the opinion that this resolution has no legal effect and he is continuing to authorise the preparation of an Environmental Impact Statement relating to the site. If this is favourable to the proposed development and approved by the Minister under the Regulations in force then, not withstanding the resolution, he proposes to implement theconsultantants" advice.
The local residents have now formed a company, the East Wicklow Conservation Community Limited, which has instituted these proceedings. The company seeks an order quashing what is said to be a "decision" of the County Manager to ignore the 18th July resolution and to continue the implementation of the consultants proposals. The applicants case is that theManager's decision violates the provisions of the City and County Management (Amendment) Act 1955and is illegal and void.
The relevant facts, which are undisputed, are as follows:
(1) In September 1992 a firm of Consulting Engineers (M.C. O'Sullivan & Company Limited) was appointed as Consulting Engineers to the Council to prepare an Environmental Impact Statement and Preliminary Report for a North East Wicklow Waste Disposal facility to service the area which was then serviced by a land fill dump at Fassaroe located near Bray. There was a need for a new land fill site to be provided as a matter of urgency.
(2) The consultants investigated a total of 22 sites and published a preliminary report in November 1993. The consultants concluded that the preferred land fill location should be at Ballynagran, subject to public consultation and a preparation of an Environmental Impact Statement and its approval by the Minister for the Environment as required by law. A model of the proposed waste disposal site at Ballynagran wasprepared.
(3) On the 3 December 1993 the Consultants gave a briefing to all the elected members of the County Council for the Wicklow electoral area. The proposals were then presented to a full meeting of the elected members of the Council on the 6 December 1993. In a "News Letter" dated December 1993 preparedby the County Manager's office a series of proposals which it was stated would form the basis of Wicklow County Council's strategy for the management of waste in the East Wicklow area for the next 20 years was presented. In a summary of the proposals it was stated that the strategy proposed a "central land fill facility at Ballynagran". It was also stated that a thorough environmental impact assessment could now be conducted on the proposed strategy. The reasons for the choice of the site at Ballynagran were summarised in the "News Letter". A presentation of the "East Wicklow Management Strategy" was made to the members by the Consulting Engineer in which it was stated that following a detailed site investigation and impact analysis of the sites which had been shortlisted "it is recommended that the central land fill facility should be at Ballynagran" and the reasons for this decision were given.
(4) Since January 1994 a model of the proposed land fill facility at Ballynagran had been displayed in the County Buildings in Wicklow and public meetings were arranged at different locations in East Wicklow to explain the proposals.
(5) Since the end of March 1994 an Environmental Impact Statement has been under preparation which relates to these proposals. (See S.l. No. 349 of 1989 and S.l. No. 86 of 1994).
(6) At a meeting of the elected members of the Wicklow County Council held on the 18th July 1994 the following resolution was proposed.
"That Wicklow County Council rejects the proposals putforward by Consultants, M.C.O'Sullivan & Company, to locate a land fill waste disposal site at Ballynagran/Coolbeg and that other sites included in their report be actively investigated. The preferred site proposed is totally inappropriate on the grounds of environmental damage to a senic area, will create damage to existing agricultural and horticultural enterprises in the area, is unsuitable in a high tourist area and would generate unnecessary large increases in traffic movement from north Wicklow on the N 11 and associated turning movements on to and off the N 11 at the Beehive junction".
The resolution was passed by 14 votes to 5, with 4 abstensions. There was one member absent from the meeting.
(7) During the meeting the Assistant County Manager stated that the officials of the Council would not consider themselves bound by the resolution and this opinion was subsequently reiterated by the Assistant County Manager and the County Engineer. By letter of the 18 August 1994 to the plaintiffs solicitor the Council's law agent stated that the decision whether or not to proceed with a land fill site at Ballynagran or in any other location was solely a matter for the County Manager in the exercise of his executive functions and indicated that the Council had been advised that the effect of the resolution of the 18 July was not to require the County Manager to direct that work cease in relation to the proposed site at Ballynagran.
(8) By...
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