Sign in Subscribe
Local government

High Court of Ireland Upholds Judgment on Planning and Development Exemptions

Strategic Insights

— 2 min read

The High Court of Ireland, led by Humphreys J., has delivered a judgment in the case of Patrick McGreal v. The Minister for Housing, Local Government and Heritage of Ireland, dismissing McGreal's latest motion to set aside an order made on December 6, 2024. The court found that McGreal's application was misconceived and did not meet the high threshold to revert to the High Court to set aside its own order.

Key Takeaways:

  • McGreal's original grievance was related to the provision of a specific accommodation center and a challenge to the statutory instrument permitting exempted development for accommodation centers for international protection applicants.
  • The court exempted McGreal from dealing with ShareFile in November 2024, indicating flexibility in Practice Direction HC126.
  • McGreal's challenge to the statutory instrument was set aside on December 6, 2024, based on the abstract nature of the challenge.
  • McGreal's subsequent motions to set aside the order were refused, with the court ruling that the applicant's arguments about the validity of the quorum for meetings of Dáil Éireann were irrelevant to the basis of the order.
  • The court found that McGreal's actions were part of a pattern of use of court proceedings and threatened escalations, which are prima facie highly concerning and improper.
  • McGreal's email to members of the Dáil, dated January 14, 2025, threatened them with a court application in relation to parliamentary proceedings, which is a breach of parliamentary privilege.

Statistics:

  • 18th November 2024: McGreal was exempted from dealing with ShareFile.
  • 6th December 2024: The court set aside McGreal's leave to challenge the statutory instrument.
  • 16th December 2024: McGreal's application to issue a motion without paying stamp duty was refused.
  • 20th January 2025: Holland J. refused McGreal's application to issue a criminal summons against the Minister.
  • 17th February 2025: McGreal's motion to set aside the order was refused.
  • 14th January 2025: McGreal sent an email to members of the Dáil threatening them with a court application in relation to parliamentary proceedings.

Sources:

  • "HIGH COURT PLANNING & ENVIRONMENT [H.JR.2024.0000588]" (21/03/2025)
  • "IN THE MATTER OF ARTICLE 6, 15.2.1deg, 15.2.2deg, 35, 34, 38, 40.3.1deg, 40.4.1deg, 40.5, 40.6.1deg, 45.1, 45.2(I), 45.2(II), 45.2(III), 45.2(IV), 45.4(1), 45.4(2) AND SECTION 10 AND SECTION 20 OF THE PLANNING AND DEVELOPMENT ACT 2000 AND S.I. NO. 376/2023 - PLANNING AND DEVELOPMENT (EXEMPTED DEVELOPMENT) (NO. 4) REGULATIONS 2023" (21/03/2025)
  • Practice Direction HC126 (exempting litigants from dealing with ShareFile)

Read more