Meaney v Cashel U.D.C. and Minister for Local Government (No. 2)

• Jurisdiction: Ireland
• Judgment Date: 12 November 1937
• Date: 12 November 1937
• Docket Number: [1935. No. 537 P.]
• Court: High Court (Irish Free State)

[1935. No. 537 P.]

Meaney v. Cashel U.D.C. and Minister for Local Government (No. 2).

THOMAS F. MEANEY, as Committee of P. J. M., a Person of Unsound Mind, and, by order to proceed, P. J. M., a Person of Unsound Mind, by James Robinson, his Committee

Plaintiff

and

CASHEL URBAN DISTRICT COUNCIL and the MINISTER FOR LOCAL GOVERNMENT AND PUBLIC HEALTH, Defendants.(No. 2.)

Local Government - Housing Clearance Order - Validity - Application to quash Order - Requisite considerations before making such Order - Duty of local authority before passing a resolution that a Clearance Order should be made - Housing (Miscellanous Provisions) Act, 1931 (No. 50 of 1931),sect. 5, sub-sects. 1, 2; sect. 12, sub-sects. 1, 2; sect. 17, sub-sect. 3—Fiat of Attorney-General - Whether necessary - Ministers and Secretaries Act, 1924, sect. 2 - Minister for Local Government - Whether a necessary party.

Plenary Summons.

This summons was brought on behalf of the owner of premises known as 5, 6 and 7 The Green, in the Urban District of Cashel, which the Cashel Urban District Council had included in a Clearance Order made by them under Part II of the Housing (Miscellaneous Provisions) Act, 1931, ordering the demolition of certain buildings specified in the schedule thereto, being buildings in areas duly declared by the Council to be clearance areas.

The Order was confirmed by an Order of the Minister for Local Government and Public Health And was set out in the Schedule to that Order. The Order made by the Minister for Local Government and Public Health was as follows:—

Department of Local Government and Public Health.

The Housing of the Working Classes Acts, 1890 to 1931.

Urban District of Cashel.

Whereas in pursuance of Part II of the Housing (Miscellaneous Provisions) Act, 1931 (hereinafter referred to as "the Act") the Urban District Council of the Urban District of Cashel (hereinafter referred to as "the Council")did make the clearance order set forth in the Schedule hereunto annexed entitled the Cashel Urban District Council Clearance Order, 1934 (hereinafter referred to as "the Order"), ordering the demolition of the buildings specified in the Schedule to the Order, being buildings in areas duly declared by the Council to be clearance areas under the said Part II of the Act:

And whereas the Council have submitted the Order to the Minister for Local Government and Public Health (hereinafter referred to as "the Minister") for confirmation

And whereas before submitting the Order to the Minister for confirmation, the Council have complied with the requirements of paragraph 2 of the First Schedule to the Act:

And whereas objections were duly made within the prescribed time by certain persons upon whom notices in relation to the Order were required to be served and such objections were not withdrawn:

And whereas the Minister caused a public local inquiry to be held in relation to the Order and has considered the said objections and the report of the person who held such inquiry:

Now, therefore, the Minister, in exercise of the powers vested in him by section 6 of the First Schedule of the Act, as amended by the Housing (Financial and Miscellaneous Provisions) Act, 1932, does hereby confirm the Order with the following modifications, that is to say:—

1. The references in the Order to an area declared by the Council to be a clearance area shall be construed as a reference to areas which have been declared by the Council to be clearance areas.

2. In the third paragraph of the Order for the words "the Minister for Local Government and Public Health" there shall be substituted the word"themselves" and for the words "in accordance with the requirements of section 14 of the said Act" there shall be substituted the words "in advance of the displacements that will from time to time become necessary as the clearance of the areas proceeds."

3. The buildings numbered respectively E. 15, E. 16, I. 28 and I. 29 on the map deposited at the office of the Council and included in the Schedule to the Order shall be excluded from the Order and from the clearance areas in which they are respectively situate.

4. The names set forth in the second column of the Schedule hereto shall be inserted in column 3 of the Schedule to the Order as being the names of owners or reputed owners of the buildings specified in the first column of the first-mentioned Schedule.

5. [Not material for the purposes of this report.]

6. In column 6 of the Schedule to the Order the words "twenty-eight days" shall be substituted for the words "within 12 months from date of confirmation of Order" with respect to each of the buildings specified in the Schedule to the Order.

7. [Not material for the purposes of this report.]

Schedule.

[Here followed the names set forth in the second column of the Schedule in pursuance of clause 4 of the Order ante.]

Given under the Official Seal of the Minister for Local Government and Public Health this nineteenth day of September, 1935.

(L.S.) (Signed), SEAN T. O'KELLY,

Minister for Local Government and Public Health.

Schedule.

Form No. 14.

The Housing (Miscellaneous Provisions) Act, 1931.

Cashel Urban District Council Clearance Order, 1934.

Whereas pursuant to section 5 of the Housing (Miscellaneous Provisions) Act, 1931 the Cashel Urban District Council (hereinafter referred to as "the Council") being satisfied as respects an area within their district that such area is an unhealthy area, and that the conditions in such area can be effectively remedied only by the demolition of all the buildings in the area which are unfit for human habitation or dangerous or injurious to health, have caused such area to be defined on a map so as to exclude therefrom any building which is not unfit for human habitation or dangerous or injurious to health:

And whereas by a resolution passed at a meeting of the Council held on the 9th day of October, 1934, the Council have declared the area so defined to be a clearance area:

And whereas before passing the resolution hereinbefore referred to declaring the said area to be a clearance area the Council have satisfied the Minister for Local Government and Public Health that in so far as suitable accommodation available for persons of the working classes who will be displaced by the steps to be taken for the clearance of the area does not already exist the Council can provide or secure the provision of such accommodation (in accordance with the requirements of section 14 of the said Act) and that the resources of the Council are sufficient for the purpose of carrying the said resolution into effect:

And whereas in pursuance of said section the Council have determined by a resolution passed at a meeting of the Council on the 9th day of October, 1934, to proceed to secure the clearance of the area by ordering the demolition of the buildings hereinafter referred to:

Now, therefore, the Council in exercise of their powers under section 5 of the Housing (Miscellaneous Provisions) Act, 1931, and after complying with the provisions contained in the First Schedule to the said Act, hereby order:—

1. That each of the buildings specified in the schedule hereto be demolished, being the buildings which are coloured pink on the map marked Cashel Urban District Council Clearance Order, 1934, and sealed with the common seal of the Council and deposited at the office of the Council.

2. That for the purposes of demolition each of the buildings be vacated on or before the expiration of the period specified in the sixth column of the said schedule opposite to the number and description of the said building.

3. This Order may be cited as the Cashel Urban District Council Clearance Order, 1934.

Schedule.

[There followed particulars of the property included in the Order, viz.:— the number on the map, the description and situation of the buildings, the names of the owners or reputed owners, the lessees or reputed lessees and the occupiers except tenants for a month or less than a month, and the period from the date when the Order was to become operative within which the buildings were to be vacated.]

The general indorsement of the applicant's claim set out in the plenary summons was as follows:—

"The applicant's claim is for an order under sect. 17 of the Housing (Miscellaneous Provisions) Act, 1931, that a Clearance Order made by the Cashel Urban District Council and confirmed by the Minister for Local Government and Public Health, being Cashel Urban District Council Clearance Order, 1934, be quashed generally, or in so far as it affects any property of the applicant, or otherwise, as to the Court may seem meet, on the grounds that the said Order is not within the powers of the said Act and that the interests of the applicant have been substantially prejudiced by the failure to comply with the requirements of the said Act.

Particulars.

1. The said Order included in a clearance area property which was not authorised, required or contemplated by the said Act.

2. The said Order included in a clearance area buildings the property of the applicant, which were not unfit for human habitation or dangerous or injurious to health.

3. The local authority, the said Cashel Urban District Council, in purporting to make the said Clearance Order did not carry out the provisions of, or act in accordance with, the terms of sect. 5 of the said Act.

4. The notice of the making of the said Order was not served upon the applicant, who is the owner of buildings purporting to be included in said clearance area.

5. The form of advertisement of the said Clearance Order as confirmed by the Minister for Local Government and Public Health was not served upon the applicant.

6. The applicant as owner of buildings affected by said Clearance Order received no notice of any of the steps taken by the said Cashel Urban District Council and the said Minister for Local Government and Public Health purporting to act under the...