Jackson way Properties Ltd v Minister for the Environment

• Jurisdiction: Ireland
• Court: High Court
• Judge: Mr. Justice Geoghegan
• Judgment Date: 10 September 1999
• Neutral Citation: [1999] IEHC 28
• Docket Number: [1999 No. 13 J.R.]
• Date: 10 September 1999

[1999] IEHC 28

THE HIGH COURT

1999/13 J.R.

JACKSON WAY PROPERTIES LTD v. MIN FOR ENVIRONMENT & ORS

JUDICIAL REVIEW

BETWEEN

JACKSON WAY PROPERTIES LIMITED

APPLICANT

AND

THE MINISTER FOR THE ENVIRONMENT AND LOCALGOVERNMENT

FIRST NAMED RESPONDENT

AND

IRELAND

SECOND NAMED RESPONDENT

AND

THE ATTORNEY GENERAL

THIRD NAMED RESPONDENT

AND

THE COUNTY COUNCIL OF DUNLAOIRE/RATHDOWN

NOTICE PARTY

Citations:

ROADS (AMDT) ACT 1998 S6(4)(a)

ROADS (AMDT) ACT 1998 S6(4)(b)

ROADS ACT 1993 S49

ROADS ACT 1993 S51

Synopsis

Environmental Law

Roads; appeal from refusal of leave to seek judicial review; applicant seeking certificate under s.4, Roads (Amendment) Act, 1998; whether certificate that a case involves a point of law of exceptional public importance required for appeal to Supreme Court on non-constitutional grounds, where the case raises a constitutional point; whether certificate should be granted on question of whether or not respondent obliged to consider, when deciding whether or not to approve a motorway scheme, whether or not the scheme complies with the land use objectives of the local authority that has submitted the scheme for approval.

Held: Certificate required; certificate granted.

Jackson Way Properties Ltd v. Minister for Environment and Local Government - High Court: Geoghegan J. - 10/09/1999 - [1999] 4 IR 608

Where only part of the grounds of appeal concerned constitutional issues, a certificate from the Court would still be necessary for raising non-constitutional grounds of appeal; the Oireachtas could not have intended that by the simple device of adding into the Statement of Grounds a constitutional ground, the strict limits on the right of appeal could be circumvented.. The High Court held in granting leave to appeal in respect of one ground of appeal which was of exceptional public importance.

1 Judgment of Mr. Justice Geoghegandelivered the 10th day of September, 1999.

2 By a reserved judgment delivered 2nd July, 1999,1 took the view that an application for leave to bring Judicial Review proceedings impugning Orders of the First named Respondent approving a motorway scheme and approving the carrying out of the motorway development having regard to an environmental impact report ought to be refused. The Applicant wants to appeal that decision but it cannot do so automatically as it is confronted with the provisions of Section 6(4) of the Roads (Amendment) Act, 1998. That sub-section reads as follows:-

3 2 "(4)(a) The determination of the High Court of an application for leave to apply for Judicial Review as aforesaid or of an application for such Judicial...