The Supreme Court has found that Meath County Council was in long-term breach of its statutory duty to prepare a local area plan for East Meath and that the High Court was wrong, in principle, to refuse an order compelling compliance.
In a judgment delivered on 22 January 2026, Mr Justice Maurice Collins agreed that the council had failed to comply with section 19(1) of the Planning and Development Act 2000, which imposed an unqualified duty concerning local area plans.
Protect East Meath Limited had appealed after the High Court declined to grant an order of mandamus, the remedy used to compel a public body to perform a legal duty.
The Supreme Court said lack of resources does not automatically excuse a public authority from carrying out duties imposed by the Oireachtas. Courts must consider the statutory context, the duration and reason for the default, the effect on the applicant and the consequences of making a mandatory order.
In this case, the council had been in default for a prolonged period. The judgment said no satisfactory explanation had been provided, there was no suggestion of insufficient financial resources and the evidence concerning staffing constraints was limited. The option of engaging outside contractors had also been available.
Mr Justice Collins said the council appeared to have treated compliance as a low priority while anticipating that new planning legislation would remove the duty. He concluded that the High Court had erred in refusing mandamus and that such an order would, in principle, have been appropriate.
The court did not, however, make the final mandatory order in this judgment. After the appeal hearing, new provisions of the Planning and Development Act 2024 were commenced from 31 December 2025 and the relevant local-area-plan provisions of the 2000 Act were repealed.
The parties were therefore to be heard further on what orders should now be made in light of that legislative change.