The State (Sweeney) v Minister for the Environment

• Jurisdiction: Ireland
• Court: High Court
• Judgment Date: 01 January 1979
• Date: 01 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...