Geraghty v Minister for Local Government (No 1)
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1976 |
| Date | 01 January 1976 |
| Docket Number | [1972 No. 3194 P.] |
| Court | Supreme Court |
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 regulations to be made for an oral hearing of such appeal to be held by a person appointed by the Minister, and for the furnishing by such person to the Minister of a report on the oral hearing of the appeal. Section 26, sub-s. 5, also provided that the Minister should determine the application as if it had been made to him in the first instance. Pursuant to an order made by the Government in 1970, the powers and duties of the Minister in deciding such appeals were delegated to his parliamentary secretary. Having been refused outline planning permission to develop her lands by the local planning authority, the plaintiff appealed against that decision to the defendant Minster. The oral hearing of the appeal was held by an officer of the Department of Local Government who had been nominated for that purpose by the Minister. The nominee completed a report on the hearing of the planning appeal and recommended that the plaintiffs application be refused. The nominee's report was. submitted to his superiors in the Department of Local Government and they made various suggestions and comments on the report, including a suggestion that other...
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