Geraghty v Minister for Local Government (No 1)

JurisdictionIreland
Judgment Date01 January 1976
Date01 January 1976
Docket Number[1972 No. 3194 P.]
CourtSupreme Court
(S.C.)
Geraghty
and
Minister for Local Government

Oral hearing by nominee of Minister of State - Nominee's report to Minister - Minister not exercising executive function when deciding appeal - Additional material considered by Minister - Natural justice - Local Government (Planning and Development) Act, 1963 (Appeals and References) Regulations, 1964 (S.I. No. 216 of 1964), arts. 9, 19 - Local Government (Planning and Development) Act, 1963 (No. 28), ss. 26, 82.

Section 26. sub-s. 5. of the Act of 1963 enabled an applicant for outline planning permission to appeal to the Minister for Local Government against a refusal of a local planning authority to grant the applicant permission to develop his lands. Section 82 of the Act provided for...

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19 cases
  • Application of Gallagher
    • Ireland
    • High Court
    • 6 September 1996
    ...function rather than a judicial power. Murphy v. Dublin CorporationIR [1972] I.R. 215 and Geraghty v. Minister for Local GovernmentIR [1976] I.R. 153 distinguished. 3. That the function of the Minister in adjudicating on an application for release such as arose in this case must be performe......
  • An Blascaod Mór Teoranta and Others v Commissioners of Public Works and othersgeraf
    • Ireland
    • High Court
    • 18 December 1996
    ... ... AND THE COMMISSIONERS OF PUBLIC WORKS IN IRELAND, THE MINISTER FOR THE GAELTACHT, IRELAND AND THE ATTORNEY GENERAL DEFENDANTS ... LTD 1955 IR 170 GATTI V SHOOSMITH 1939 1 CH 841 GERAGHTY V MIN FOR LOCAL GOVERNMENT 1975 IR 300 MURPHY V DUBLIN ... ...
  • WT v Minister for Justice
    • Ireland
    • Supreme Court
    • 31 July 2015
    ...is that prior observations by this Court are no longer part of our law (see, previously, to apparently contrary effect, Geraghty v. Minister for Local Government (No. 2) [1976] IR 153). On the basis of Tang, there can be no doubt that the decision in question here is one within the scope of......
  • Flood v Garda Síochána Complaints Board
    • Ireland
    • High Court
    • 8 October 1997
    ...Fisheries Limited) v. The Minister for Transport and Power and McPolin [1976] I.R. 93, Geraghty v. The Minister for Local Government [1976] I.R. 153, The State (Daly) v. The Minister forAgriculture [1987] I.R. 165, Thompson v. The Minister for Social Welfare [1989] I.R. 619, O'Brien v. Bord......
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