Jeffers v Louth County Council

• Jurisdiction: Ireland
• Court: High Court
• Judge: Mr Justice Roderick H. Murphy,Mr. Justice Gilligan
• Judgment Date: 19 December 2003
• Neutral Citation: [2003] IEHC 114,[2001] IEHC 61
• Docket Number: No. 14974P/2000,[No. 14974P/2000]
• Date: 19 December 2003

JEFFERS v. LOUTH CO COUNCIL

BETWEEN

CLIVE JEFFERS

APPLICANT

AND

THE COUNTY COUNCIL OF THE COUNTY OF LOUTH

RESPONDENT

[2001] IEHC 61

No. 14974P/2000

THE HIGH COURT

Synopsis:

HOUSING

Traveller accommodation

Administrative law - Injunction - Local authority - Housing issues - Traveller accommodation - Role of local consultation committee - Housing Act, 1988 section 13(2) - Housing (Traveller Accommodation) Act, 1998 section 29 - Local Government (Planning and Development) Act, 1963 section 22(1) (2000/14974P - Murphy J - 5/4/01)

Jeffers v Louth County Council

The applicant brought proceedings regarding the right of local committees to be consulted by a local authority in the provision of traveller accommodation. Murphy J was satisfied that the applicant had a right to be consulted and granted in part the relief sought in the form of an injunction.

Citations:

HOUSING ACT 1988 S13(2)

HOUSING (TRAVELLERS ACCOMODATION) ACT 1998 S29

LOCAL GOVT (PLANNING & DEVELOPMENT) ACT 1963 S22(1)

LOCAL GOVT (PLANNING & DEVELOPMENT) REGS 1994 SI 86/1994 PART X

LOCAL GOVT (PLANNING & DEVELOPMENT) REGS 1994 SI 86/1994 ART 130(1)

LOCAL GOVT (PLANNING & DEVELOPMENT) REGS 1994 SI 86/1994 ART 131

LOCAL GOVT (PLANNING & DEVELOPMENT) REGS 1994 SI 86/1994 ART 132

HOUSING (TRAVELLERS ACCOMODATION) ACT 1998 S6

HOUSING (TRAVELLERS ACCOMODATION) ACT 1998 S8

HOUSING (TRAVELLERS ACCOMODATION) ACT 1998 S21

HOUSING (TRAVELLERS ACCOMODATION) ACT 1998 S21(3)(a)

HOUSING ACT 1988 S13

HOUSING ACT 1988 S13(7)

LOCAL GOVT (PLANNING & DEVELOPMENT) REGS 1994 SI 86/1994 ART 86

O'NUALLAIN V DUBLIN CORPORATION 1999 4 IR 137

HOUSING (TRAVELLERS ACCOMODATION) ACT 1998 S21(3)

Mr Justice Roderick H. Murphy

1 1. The Applicant is a resident of Drumlick Castle Bellingham which is in the County of Louth, and is the Respondent herein.

2 The Respondent is endeavouring to accommodate families under its Traveller Accommodation Programme TAP (at a facility in the old railway station which is situate of a public road). These families are presently living on the roadside.

3 The general issue before the Court is whether the Respondent can proceed under Section 13(2) of the Housing Act,1988as amended by Section 29 of the Housing (Traveller Accommodation Act)1998.

4 2. The particular issues involved in this application for interlocutory relief are whether a housing authority which seek to provide halting sites for travellers is obliged to consult with Councillors, local Consultative Committees and with the public in relation to temporary accommodation in such circumstances. An interim injunction was granted by O'Neill J on the 20th December last (see 14 below).

5 (a) where the relevant housing authority has an obligation to investigate the necessity or otherwise for one or more additional traveller's halting site.

6 (b) where housing authority has a policy statement in its Traveller Accommodation Programme, whether an express endeavour to ensure full and meaningful consultation with interested persons or bodies including the public generally requires the housing authority, in implementing its Accommodation Programme, to consult with those persons or bodies.

7 3. The Local Government (Planning and Development) Act,1963places a general duty on a planning authority to take such steps as may be necessary for securing the objectives which are contained in the provisions of the development plan (section 22(1)).

8 Moreover a local authority may not effect any development in their district which contravenes materially the development plan.

9 4. Part X of the Local Government (Planning and Development) Regulations 1994 applies to certain proposed development in the nature of public works which includes the construction or erection of a house or other dwelling and of a residual category specified, with certain exemptions, as "any other development, the estimated cost of which exceeds £50,000" (Article 130(1)).

10 In such a case the local authority is required to publish notices of such development to certain defined bodies (Article 131 and 132).

11 5. The Housing (Traveller Accommodation) Act,1998provides that a relevant housing authority must assess accommodation needs for travellers and approve an accommodation programme. In relation to the assessment it must give notice to and inform the local Consultative Committee of its intention to make such assessment (section 6).

12 The housing authority is obliged, pursuant to Section 7 of that Act, to adopt an Accommodation Programme on or before the 31st of March 2000 specifying the accommodation needs of travellers and the provision of accommodation required to address those needs for a five year period.

13 6. In the present case Louth County Council adopted a Traveller Accommodation Programme on the 24th of January 2000 having duly given notice in writing of its intention to do so to the bodies listed in section 8 of the Act. These bodies are the local Consultative Committee, such local community bodies as the relevant housing authority considered appropriate and all such other bodies that the housing authority considered appropriate. No issue has been taken by the Applicant with regard to this consultation.

14 7. The housing authority is obliged to take any reasonable steps as are necessary for the purpose of implementing the Accommodation Programme. A Local Traveller Accommodation Consultative Committee was appointed under section 21. The task of such committee is to advise the housing authority in relation to the preparation and implementation of any Accommodation Programme (section 21(3)(a)).

15 8. Section 29 of the 1998 Act amends the Housing Act,1988by the substitution of a new section 13 which applies to persons "belonging to the class of persons who, traditionally pursue or have pursued a nomadic way of life".

"(2) a housing authority may provide, improve, manage and control sites for caravans used by persons to whom this section applies, including sites with limited facilities for the use by such persons otherwise than as their normal place of residence or pending the provision of permanent accommodation under an Accommodation Programme within the meaning of section 7 of the Housing (Traveller Accommodation) Act, 1998, and may carry out any works incidental to such provision, improvement, management or control, including the provision of services for such sites."

Sub-section (2) of the new section provides as follows:-

16 9. "Sites with limited facilities" means sites which, having regard to the temporary nature of such sites for the short duration of periods of use, have sufficient water, facilities for solid and liquid waste disposal and hard surface parking area for caravans (section 13(7)).

17 10. The issue in this case is whether the Respondents, in seeking to accommodate certain families at present on the roadside in at such a site, can do so under section 13(2) of the Housing Act,1988without regard to the consultation requirements in the Traveller Accommodation Programme of the Respondent.

18 11. That Programme contains a policy statement that, within the resources available to it, the Council will provide adequate accommodation for all traveller families to whom it is deemed to have responsibility.

19 In relation to the implementation of this policy the Council states that it will endeavour to ensure, inter alia, that:-

"(ii) there is full and meaningful consultation with travellers themselves, traveller representative groups, statutory and voluntary agencies, the appropriate local traveller accommodation consultative committee, elected members, the public generally and any other interested persons or bodies."

20 It is clear that the local Consultative Committee, who may advise in relation to both preparation andimplementation of any accommodation programme, must be notified.

21 12. It seems that section 13(2) of the Housing Act1988, as amended by the 1998 Act, does not exclude the obligation of the 1998 Act with regard to the consultation with the Consultative Committee.

22 13. The housing authority is further obliged to consult, in the implementation of the Programme, with other interested parties or bodies, including the public generally. This is not a statutory obligation but would appear to be a self imposed obligation on the housing authority. It represents to the public that it will endeavour to ensure such "full and meaningful consultation".

23 It is clear from the Affidavits filed in this matter that the Respondent housing authority did not, in fact, consult with the Applicant. There is no averment as to their consultation with other interested parties.

24 14. Mr Connolly, on behalf of the Respondent housing authority, reminds the Court that this is not a Judicial Review Application but rather an Application for Injunctive Relief and is based on the interim injunction granted by O'Neill J. on the 20th of December 2000. That injunction was in the following terms:-

"That the Defendants … be restrained … from"

(1)carrying out any development on the lands at Drumlick, Castle Bellingham, Co. Louth unless and until the procedures prescribed by part X of the Local Government (Planning and Development) Regulations 1994 ( S.I. No. 86 of 1994) have been followed by the Respondent

(2)from carrying out any further development on the said lands … unless and until the procedures prescribed under the Housing (Traveller Accommodation) Act,1998have been complied with".

25 With regard to the injunction granted at (1) above I am not satisfied on the evidence in relation to the estimated costs of any other development that notices are required under Article 86 of the Regulations 1994.

That relief is as follows:-

26 (3) "Further, or in the alternative, an injunction restraining the Respondent, its servants or agents, licensees or anyone having knowledge of the making of the said order...