| Killegland Estates Ltd. v. Meath County Council [2023] IESC 39 |
Principles regarding elected members' power to adopt/change development plan provisions and the court's reluctance to interfere; de‑zoning and compensation implications. |
Cited as binding authority that elected members may change zonings and courts should be slow to interfere; used as a primary legal benchmark for assessing Applicants' challenge. |
| McGarrell Reilly Homes Ltd & Anor. v. Meath County Council [2023] IESC 40 |
Similar propositions to Killegland on development plan challenges and democratic decision‑making by elected members. |
Applied alongside Killegland to underscore the limited role of the court in second‑guessing planmaking decisions of elected members. |
| O'Sullivan v. Health Service Executive [2023] IESC 11 |
Procedure concerning draft judgments and limits on re‑argument in response to draft judgments. |
Referenced for the court's approach to draft judgments and the limited scope for parties to reargue substance in response to a draft. |
| O'Sullivan v. Sea Fisheries Protection Authority [2017] IESC 75, [2017] 3 I.R. 751 |
Commentary on procedure and fairness; risk of treating administrative procedures as criminal‑style processes. |
Quoted on the inappropriateness of treating all administrative procedures as if they require criminal‑trial style processes. |
| Attorney General v. Crosland (No. 2) [2021] UKSC 58 |
Reasons for restricting publication of draft judgments in the interests of administration of justice. |
Used to justify the court's direction restricting dissemination of the draft judgment circulated to parties. |
| Baigent v. Random House Group Ltd [2006] EWHC 1131 (Ch) |
Confidentiality and publication considerations relating to draft documents (cited among authorities on draft judgments). |
Referenced in the context of limiting circulation/publication of draft judgments; no separate substantive application to planning issues. |
| R. (Counsel General for Wales) v. Secretary of State for Business, Energy and Industrial Strategy [2022] EWCA Civ 181 |
Authority on restrictions and handling of draft judgments/publication. |
Referenced for the same procedural point about draft judgments. |
| Public Institution for Social Security v. Banque Pictet & Cie SA and others [2022] EWCA Civ 368 |
Referenced on similar procedural confidentiality issues. |
Referenced in the court's discussion of draft judgment confidentiality. |
| Itkin v. Wood [2023] JRC 101 |
Procedural authority cited regarding drafts and confidentiality. |
Referenced for procedural support concerning draft judgments. |
| G.K. v. Minister for Justice [2001] IESC 205, [2002] 2 I.R. 418 |
Principle on the nature of a "have regard to" duty and its evidential threshold. |
Cited to support the proposition that the "have regard to" duty in s.28 is not a demanding standard. |
| Rana v. Minister for Justice [2024] IESC 46 |
Recent statement on the standard of "have regard to" duties. |
Used to reinforce that the statutory duty to have regard to guidelines sets a limited bar for decision‑makers. |
| Tesco Stores Limited v. Dundee City Council [2012] UKSC 13 |
On the reconciliation of competing development plan policies and the limited role of courts in challenging evaluative planning judgments. |
Applied to explain how courts should approach conflicts in planning policy and the exercise of planning judgment by authorities. |
| ClientEarth v. Shell plc [2023] EWHC 1897 |
Illustration that courts are ill‑equipped to micromanage complex balancing of competing policy factors. |
Cited to emphasise limits on judicial interference in multi‑factor evaluative judgments. |
| Waltham Abbey/Pembroke Road Association v. An Bord Pleanála [2022] IESC 30 |
On unworkable interpretations and the impracticability of exhaustive justificatory demands on authorities. |
Relied upon to support the court's conclusion that exhaustive "how" explanations for every guideline provision are unworkable. |
| Heather Hill Management Company CLG v. An Bord Pleanála [2022] IESC 43 |
On practicality of statutory duties and the limits of judicially enforceable specificity. |
Used to support the court's view on workability of requirements under s.28(1B). |
| Save Cork City Community Association CLG v. An Bord Pleanála [2022] IESC 52 |
Similar authority on interpretative limits and workability in plan justification. |
Cited to reinforce reasoning on practicality of implementing detailed justification obligations. |
| M.R. (Bangladesh) v. International Protection Appeals Tribunal [2020] IEHC 41 |
Decision should be read as valid if a valid reading is available. |
Applied to read elected members' remarks and decisions in a manner that preserves validity where possible. |
| Mulloy v. An Bord Pleanála [2024] IEHC 86 |
Principle that decisions should be read as valid if a valid reading is available. |
Invoked for the same interpretative rule when assessing elected members' statements. |
| O'Donnell v. An Bord Pleanála [2023] IEHC 381 |
Used in support of the interpretative approach favoring validity where possible. |
Applied as part of the interpretative framework for reading council decisions and remarks. |
| Save Roscam Peninsula CLG v. An Bord Pleanála (No. 6) [2024] IEHC 335 |
Interpretation and validity of administrative decisions. |
Referential support for the court's approach to validating decisions where a lawful reading exists. |
| Moran v. An Bord Pleanála [2025] IEHC 510 |
Case law on reading decisions validly where possible. |
Referenced among authorities supporting the court's interpretative approach. |
| E.M. v. Minister for Justice and Equality [2024] IESC 3 |
On treating "unhelpful" statements and preferring a valid reading of decisions. |
Applied to avoid construing elected members' remarks as invalid where a valid reading exists. |
| Friends of Killymooney Lough v. An Coimisiún Pleanála [2025] IEHC 407 |
Support for interpreting decisions to preserve validity. |
Referentially applied in the court's interpretative reasoning. |
| Duffy v. An Bord Pleanála [2025] IEHC 715 |
On sub‑optimal wording not necessarily rendering a decision invalid. |
Used to support the court's reluctance to quash plan provisions for sub‑optimal phrasing. |
| O'Meara v. Minister for Social Protection [2024] IESC 1 |
Notion that incremental legislative or policy experimentation can be legitimate. |
Invoked to support that differential or experimental planning approaches do not necessarily amount to unlawful discrimination. |
| daa plc v. Fingal County Council [2024] IEHC 589 |
Distinguished on facts where decision‑making referenced specific actions of named owners. |
Cited to distinguish the present case where elected members' remarks were not personal to the Applicants. |
| Grealish v. An Bord Pleanála [2006] IEHC 310, [2007] 2 I.R. 536 |
On comparisons and discrimination between similar cases. |
Referenced in relation to Applicant's discrimination argument and rejected on facts here. |
| Porter v. An Bord Pleanála [2017] IEHC 783 |
Authority on comparing decision‑making between different sites. |
Referenced to assess the Applicants' reliance on alleged inconsistent treatment; court found situations were not identical. |