The State (Sweeney) v Minister for the Environment

JurisdictionIreland
CourtHigh Court
Judgment Date01 January 1979
Date01 January 1979
(H.C.)
The State (Sweeney)
and
Minister for the Environment

Planning application refused in view of compulsory acquisition - Whether order made in compliance with housing legislation - Effect of order - Housing Act,1966 (No. 21), s. 55 - Local Government (Planning and Development) Act, 1963 (No. 28), s.26.

The prosecutor obtained a conditional order of certiorari to quash the order made by the respondents on 22 September, 1978, refusing to grant outline planning permission to the prosecutor for the development of certain lands. The application was refused on the grounds that a compulsory purchase order was made by Limerick County Council in respect of the lands and that the proposal for development was therefore premature pending the determination of the order of the Minister for the Environment. The prosecutor submitted that s. 26 of the Local Government (Planning and Development) Act, 1963, confined the planning authority in considering an application for permission to considerations concerning the planning and development of an area, and that the planning authority neglected to consider these in making a compulsory purchase order which had the effect of being a mere change of ownership. They further submitted that the precise terms of the refusal did not even indicate that the compulsory acquisition order referred to was for the purpose of the Housing Acts and in particular neglected to set out for which of the many purposes of the Housing Acts it is intended by the Council to use the lands if they finally acquire them. Held by Finlay J. in discharging the conditional order, 1, the planning authority set out the precise terms of the...

To continue reading

Request your trial
22 cases
  • Thomas Grealish v an Bord Pleanála
    • Ireland
    • High Court
    • 24 October 2006
    ...on adequate reasons (O'Donoghue v. An Bord Pleanála [1991] I.L.R.M. 750 and The State (Sweeney) v. The Minister for the Environment [1979] I.L.R.M). 35 continue to apply. That is so whether the reasons are those mentioned in (a), (b) or (c) supra. Thus, there is no obligation to provide a ......
  • West Wood Club Ltd v an Bord Pleanála
    • Ireland
    • High Court
    • 26 January 2010
    ...O'DONOGHUE v BORD PLEANALA & TALLON PROPERTIES LTD 1991 ILRM 750 1991/5/1081 SWEENEY, STATE v MIN FOR ENVIRONMENT & LIMERICK CO COUNCIL 1979 ILRM 35 1979/2A/498 O'KEEFFE v BORD PLEANALA & O'BRIEN 1993 1 IR 39 1992 ILRM 237 SWEETMAN v BORD PLEANALA UNREP BIRMINGHAM 9.10.2009 (EX TEMPORE) S......
  • Desmond Mulholland and Donal Kinsella v an Bord Pleanála (No. 2)
    • Ireland
    • High Court
    • 4 October 2005
    ...grounds made out by applicants - O'Donoghue v An Bord Pleanála [1991] ILRM 750 and State (Sweeney) v Minister for the Environment [1979] ILRM 35 considered - Planning and Development Act 2000 (No 30), ss 34(10) and 50 - Leave granted (2005/404JR - Kelly - 4/10/2005) MULHOLLAND & KINSELLA v......
  • J (A) and Others [Afghanistan] v Min for Justice (No 2)
    • Ireland
    • High Court
    • 18 June 2013
    ...O'DONOGHUE v BORD PLEANALA & TALLON PROPERTIES LTD 1991 ILRM 750 1991/5/1081 SWEENEY, STATE v MIN FOR ENVIRONMENT & LIMERICK CO COUNCIL 1979 ILRM 35 POK SUN SHUM v IRELAND 1986 ILRM 593 EUROPEAN CONVENTION ON HUMAN RIGHTS ACT 20032003 ART 13 CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN U......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT