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High Court grants order quashing a direction by the Minister for Housing that a planning authority co-ordinate its development plan with a neighbouring planning authority in respect of retail strategy issues, on the grounds, inter alia, that: (a) the legislation merely empowered the Minister to direct co-operation, not to involve himself in the process by requiring co-operation or co-ordination with him; and (b) the power of a Minister to resolve disputes did not extend to his being involved in every disagreement between the relevant planning authorities, and should only be exercised judicially.
Judicial review - direction of Minister - s. 31 of the Planning and Development Act 2000 - s. 9(7) - whether Cork County Council required to co-ordinate its development plan with Cork City Council - first ever exercise of the statutory power to require co-ordination - retail planning guidelines - joint retail strategy - adoption of joint retail strategy in 2015 - expansion of city boundary into former county council territory in Mary 2019 - direction under section 31 in December 2020 - scope of Minister to clarify guidelines - requirement that two or more planning authorities co-ordinate developments plans in respect of specified matters - failure to give reasons for procedural aspects of decision - whether the power to require co-ordination extended to the power to require agreement - alleged improper connection with invalid section 31 direction - whether power exercised for an improper purpose - power of Minister to resolve disputes between planning authorities.
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