The Supreme Court has rejected John Conway’s challenge to the constitutionality of a law allowing the Housing Minister to issue binding planning requirements for local authorities and An Bord Pleanála. It affirmed the High Court decision and dismissed his appeal.
The case began with a challenge to An Bord Pleanála’s 2022 permission for Silvermount Ltd to build 545 build-to-rent apartments and associated commercial and community facilities at Concord Industrial Estate, Naas Road, Walkinstown, Dublin 12. The Board’s decision relied on ministerial Specific Planning Policy Requirements (SPPRs) that allowed it to grant permission despite conflicts with local planning objectives.
By the time the case reached the Supreme Court, Conway was no longer seeking to have the permission quashed. The Board and Silvermount had left the proceedings, and the State parties had agreed not to contest his standing. The court nevertheless considered the constitutional challenge in its original factual context, noting that similar challenges were awaiting the outcome.
Conway argued that section 28(1C) of the Planning and Development Act 2000 gave the Minister legislative power reserved to the Oireachtas, contrary to Article 15.2.1 of the Constitution. He also argued that the provision undermined local government’s constitutional role under Article 28A.
In a judgment delivered by Mr Justice Gerard Hogan on 23 July 2024, the court held that section 28(1C) did not amount to an unconstitutional delegation of legislative power. Hogan said the Minister’s power was confined to planning policy and the functions set out in the Act, and that guidelines could be challenged if they went beyond proper planning and sustainable development. He also considered that publication requirements and ministerial accountability to Dáil Éireann provided sufficient democratic oversight.
The court also rejected the Article 28A argument. It held that the Constitution requires local government to have meaningful powers, but does not make those powers immune from national controls. The Oireachtas could require local authorities to exercise their planning functions in line with national policy standards.
The Supreme Court’s order was to affirm the High Court’s decision and dismiss the appeal. It did not quash or reconsider the planning permission, which Conway was no longer asking the court to overturn.