O'Meara -v- Westmeath County Council & Ors (Approved)

WESTMEATH COUNTY COUNCIL, THE MINISTER FOR HOUSING, LOCAL GOVERNMENT AND HERITAGE, IRELAND AND THE ATTORNEY GENERAL

Public participation was not invited, but the Notice indicated that the validity of the Council's decision to proceed under section 179A could be challenged by way of judicial review. Neither the Act nor the Planning and Development Regulations make provision for a public consultation process leading to a decision to carry out a residential development to which section 179A applies.

The Applicant sought leave to seek orders of certiorari and various declarations by way of judicial review. He seeks to impugn the decision of the Council evidenced by the Notice of 8 th December 2023 and declaratory relief in respect of the validity of section 179A, which the Applicant contends is unconstitutional and incompatible with EU law as public consultation is not provided for.

I directed that the application for leave to seek judicial review be brought on notice to the Respondents. The application for leave was adjourned to await the judgment of the Supreme Court in Save the South Leinster Way & Anor v. An Bord Plean�la & Ors [2024] IESC 55 , which was delivered on 5 th December 2024.

The application for leave was listed for hearing on 27 th January 2025.� On 23 rd January 2025, the Council wrote an open letter to the Applicant's solicitor in which it stated that the proceedings had become moot, and the Applicant was referred to section 179A(1)(g) of the 2000 Act which provides " This section applies to housing development� .... (g) that is commenced on or before 31 December 2024 ." The State Respondents also contend that the application is moot and should not proceed.