Court ruling invalidates need for council approval before engaging in legal defense actions
Local Authorities No Longer Require Councillor Approval for Court Defenses
In a significant ruling, the Court of Appeal has determined that local authorities in the relevant country no longer need the approval of councillors before entering a defense in court challenges against council decisions. This decision overturns a High Court ruling from June 2020 that required councils to seek express authorization from elected members before defending a case [1].
The recent Court of Appeal judgment was in response to a legal challenge by developer Oceanscape Unlimited Company against the Dún Laoghaire-Rathdown County Council's development plan and the decision to rezone its lands at Stillorgan Business Park for educational facilities.
The High Court had previously ruled in Oceanscape's favor, finding that the required authorization was not secured in this case. However, the Court of Appeal has now overturned this decision, ruling in favor of the council.
The High Court had introduced new practice rules requiring local authorities to inform the court early on whether councillors had given express authorization to defend a challenge to their decision. In this case, the council filed legal documents opposing the developer's claim, but Oceanscape argued that the local authority had no power to do so as it had not sought prior authorization from elected members, which it argued was required under the Local Government Act, 2001.
However, the Court of Appeal ruled that entering into litigation was an "executive function" that can be taken by the chief executive without requiring a vote of elected councillors. This decision was based on the fact that Section 153(2) of the Act states that authorization "shall be deemed to have been given unless or until the contrary is shown".
The council argued that no formal resolution was passed by elected members, but they were aware of the proceedings and were formally briefed on them in March 2023. Ms Justice Nuala Butler, who delivered the judgment, explained the appeal judges' rationale for the decision.
This decision has implications for the future of local government in the country, as it means that local authorities can now make decisions about defending legal challenges more quickly and efficiently, without the need for approval from elected members. It also means that the development plan, a document that guides how certain areas should be zoned and developed, will be less subject to delays and challenges due to the need for councillor approval.
This development plan is often the subject of litigation by interested parties who could be affected by any changes. The new ruling is expected to reduce the number of legal challenges brought against local authorities, as it removes one of the potential barriers to defending council decisions in court.
In light of the Court of Appeal's decision, policy-and-legislation regarding local government may undergo changes, as the executive function of entering litigation can now be exercised without councillor approval. This development, marked by the overturning of a 2020 High Court ruling, could significantly impact the politics surrounding court defenses and general-news regarding development plans.
