High Court Application for Communities Concerned About IPAS Centers

High Court Application for Communities Concerned About IPAS Centres

To the Communities of Ireland,

In July 2023, the Government, through S.I. No. 376/2023, made a decision that silenced the voices of communities across our nation. By designating International Protection Accommodation Services (IPAS) centres as exempted developments under sections4(2) and 262 of the Planning and Development Act 2000, the Government stripped away your right to public consultation and meaningful engagement in decisions that profoundly affect your social, economic, and cultural fabric. This action, taken without adequate regard for the significant impacts on your schools, healthcare, infrastructure, and community cohesion, left many feeling abandoned by those entrusted to represent them.

But you are not powerless. Today, I present a High Court legal application—a powerful tool crafted for any community concerned about an IPAS centre in their area. This application, grounded in the principles of justice and democracy, restores the legal recourse that was taken from you in July 2023. It empowers you to challenge the Government’s actions, hold decision-makers accountable, and demand proper planning and sustainable development for your community.

CLICK HERE FOR APPLICATION ON GOOGLE DRIVE

What This Application Offers

This comprehensive legal package, comprising a Plenary Summons, Statement of Claim, Ex Parte Motion for a Protective Costs Order (PCO), Notice of Motion for an Interlocutory Injunction, and supporting affidavits, is designed to be adaptable for any community. It provides a clear, step-by-step pathway to seek justice through the High Court, addressing the following key issues:

1.     Challenging Irrational Decisions: The application argues that the Minister for Housing, Local Government and Heritage’s designation of IPAS centres as exempted developments is irrational, as no reasonable decision-maker could claim these centres have a “limited effect” when they cause substantial population increases, strain local services, repurpose vital community assets (e.g., hotels, community centres), and disrupt community cohesion. This argument is bolstered by McGreal v. Minister for Housing, Local Government and Heritage [2024] IEHC 690, which recognized a “potentially arguable point” on the rationality of such designations (para. 65).

2.     Restoring Statutory Rights: The application contends that the Minister acted ultra vires—beyond legal authority—by exempting developments with significant impacts, contravening sections 4(2)(i) and 262 of the Planning and Development Act 2000, which require exemptions to align with proper planning and sustainable development. It also challenges local authorities’ Section 5 declarations that rubber-stamp these exemptions without assessing community impacts, breaching their duties under sections 10 and 15.

3.     Upholding Democratic Representation: The application invokes Article 28A.1 of the Constitution of Ireland, asserting that local authorities’ failure to facilitate public consultation or engage elected representatives denies communities their constitutional right to democratic representation. This claim, supported by Holland v. Wicklow County Council [2016] IEHC 66, seeks to restore your voice in decisions that shape your community’s future.

4.     Protecting Communities from Financial Risk: The Protective Costs Order (PCO) ensures that your community can pursue this challenge without fear of prohibitive legal costs, which could exceed €50,000. By capping or eliminating liability for defendants’ costs, the PCO, backed by McGreal’s cost leniency for public interest litigation (para. 62), makes justice accessible to all.

5.     Halting Harmful Developments: The interlocutory injunction seeks to immediately restrain the operation of the IPAS centre until the High Court determines the case or lawful planning permission is obtained. This interim relief, grounded in the Campus Oil criteria (Campus Oil Ltd v. Minister for Industry and Energy (No. 2) [1983] IR 88), protects your community from irreversible harm, such as the permanent loss of community assets or service overload, while the legal challenge proceeds.

6.     Seeking Redress: The application requests nominal damages for the prejudice suffered by your community, including loss of amenities and democratic rights, ensuring recognition of the harm caused by the Government’s actions.

Why This Application Matters

In July 2023, the Government’s decision to bypass public consultation through S.I. No. 376/2023 effectively stole your right to have a say in developments that transform your community. This application gives that right back. It is a legal lifeline for communities feeling abandoned, offering a structured, adaptable framework to challenge the imposition of IPAS centres that threaten your way of life. Whether you are a small rural village or an urban neighbourhood, this application empowers you to demand accountability, transparency, and fairness.

The High Court’s ruling in McGreal [2024] IEHC 690 underscores the viability of challenging such designations, noting that the Minister’s claim of “limited effect” may be irrational when significant community impacts are evident (para. 65). By detailing specific harms—such as strained schools, lost tourism revenue, or fractured community cohesion—and grounding them in evidence, your community can build a compelling case that aligns with this precedent.

How to Use This Application

To utilize this High Court application effectively, follow these steps to ensure your community’s concerns are heard and addressed:

1.     Customize the Documents: Replace placeholders (e.g., [Community Name], [Local Authority], [specify location]) with specific details relevant to your community. For example, “Local Residents Group,” “Dublin County Council,” “Manor House Hotel.” Provide concrete evidence to support your claims, such as:

(i)      Population data showing increased strain on services (e.g., demographic report dated 10 July 2023).

(ii)    Economic reports detailing the loss of community assets (e.g., economic impact assessment dated 20 August 2023 showing €500,000 loss from hotel closure).

(iii)  Petitions or councillor statements demonstrating opposition (e.g., petitions signed by 500 residents on 25 August 2023).

(iv)   Financial statements proving limited resources for legal costs (e.g., community budget of €10,000 per financial statement dated 1 September 2023).

Important: Prepare seven copies of all documents (Plenary Summons, Statement of Claim, Ex Parte Motion Docket, PCO Affidavit, Notice of Motion, Injunction Affidavit, and evidence exhibits): one hard copy for the Central Office, three hard copies for the defendants (Minister, Local Authority, Ireland and Attorney General), one hard copy for the Judge, one hard copy for your records, and one soft copy (PDF format) for safekeeping.

2.     Step-by-Step Procedure for Filing and Serving the Application:

(i)      File the Plenary Summons: Submit one hard copy of the Plenary Summons and Statement of Claim to the High Court Central Office, Four Courts, Inns Quay, Dublin 7, paying the €190 fee at the Stamp Office. Ensure the documents are complete, with all placeholders replaced with specific details (e.g., community name, IPAS centre location). This filing initiates the plenary proceedings and generates a record number (e.g., [2025 No. ____ H.P.]), which is essential for subsequent motions. Provide seven copies in total: one hard copy for the Central Office, three hard copies for the defendants, one hard copy for the Judge, one hard copy for your records, and one soft copy for safekeeping.

(ii)    Bring the Ex Parte Motion for a Protective Costs Order: Immediately upon obtaining the record number, write the record number on the Ex Parte Motion Docket and PCO Affidavit. Have the PCO Affidavit sworn before a Commissioner for Oaths, paying the €10 swearing fee, and affix a €20 stamp to the Affidavit. Pay the €60 filing fee for the Motion Docket at the Stamp Office (S.I. No. 24/2014, Schedule 1, Part 3, Item 13). File one hard copy of these documents with the High Court Central Office and schedule an ex parte hearing in the Chancery List (typically before 11:00 a.m., confirm with court schedules). Present one hard copy of the Ex Parte Motion Docket and PCO Affidavit to the High Court Judge to seek a Protective Costs Order (PCO), which will “lock in” costs by capping or eliminating your community’s liability for the defendants’ legal costs (e.g., at €0 or €5,000). This step ensures financial protection, as supported by McGreal’s cost leniency for public interest litigation (para. 62). Be prepared to serve notice on the defendants if the Judge directs. Provide seven copies in total: one hard copy for the Central Office, three hard copies for the defendants (if notice is directed), one hard copy for the Judge, one hard copy for your records, and one soft copy for safekeeping.

(iii)  File the Notice of Motion for an Interlocutory Injunction: After securing the PCO (or concurrently if the IPAS centre’s operation is imminent), have the Injunction Affidavit sworn before a Commissioner for Oaths, paying the €10 swearing fee, and affix a €20 stamp to the Affidavit. Pay the €60 filing fee for the Notice of Motion at the Stamp Office (S.I. No. 24/2014, Schedule 1, Part 3, Item 12). File one hard copy of the Notice of Motion and Injunction Affidavit with the High Court Central Office, ensuring the record number is included. This motion seeks an interlocutory injunction to halt the IPAS centre’s operation pending the High Court’s final decision or until lawful planning permission is obtained. Provide seven copies in total: one hard copy for the Central Office, three hard copies for the defendants, one hard copy for the Judge, one hard copy for your records, and one soft copy for safekeeping.

(iv)   Serve the Documents on the Government and Local Government: Serve one hard copy of the Plenary Summons, Statement of Claim, Notice of Motion, and Injunction Affidavit on each of the three defendants: the Minister for Housing, Local Government and Heritage (Custom House, Dublin, D01 W6X0), the [Local Authority] (at their specified address), and Ireland and the Attorney General (Government Buildings, Upper Merrion Street, Dublin 2, D02 R583) at least 4 days before the injunction hearing (Order 52, Rule 6). Use registered post (keeping the tracking number) or personal delivery, provide proof of service (e.g., affidavit of service stating you served personally or reference the tracking number & provide the proof of delivery which you can get on the An Post tracking website). Retain one hard copy for your records and the soft copy for safekeeping, ensuring all seven copies are utilized (one for Central Office, three for defendants, one for Judge, one for records, one soft copy).

3.     Gather Evidence: Support your case with robust evidence to substantiate the significant impacts and financial constraints, including:

(i)      Healthcare or school capacity reports to show service strain (e.g., healthcare capacity report dated 10 July 2023).

(ii)    Economic impact assessments for asset loss (e.g., €500,000 from loss of hotel, per tourism board report dated 15 August 2024).

(iii)  Petitions signed by residents (e.g., 500 signatures on 17 April 2024) or councillor statements (e.g., dated 20 August 2024).

(iv)   Financial statements showing limited community funds (e.g., €10,000 budget per financial statement dated 1 September 2024).

Important: Include copies of all evidence as exhibits with the affidavits, ensuring seven copies are prepared: one hard copy for the Central Office, three hard copies for the defendants, one hard copy for the Judge, one hard copy for your records, and one soft copy for safekeeping.

4.     Follow the Rules: Ensure compliance with the Rules of the Superior Courts, particularly Order 20 (statement of claim), Order 52 (motions), and Order 40 (affidavits), and to address potential defences, such as standing or proportionality. A solicitor can assist with customizing documents, filing procedures, presenting the PCO motion before a High Court Judge, and arguing the injunction application.

A Call to Action

The Government may have turned its back on you in July 2023, but this High Court application restores your power to fight for your community. It is a beacon of hope, a legal framework that any community can adapt to challenge the imposition of an IPAS centre that threatens your future. By filing the Plenary Summons, securing a Protective Costs Order, seeking an interlocutory injunction, and serving the documents on the Government and Local Government, you are not just seeking justice for your community—you are reclaiming the democratic rights stolen from you.

Stand up, speak out, and use this application to demand that your voice is heard. The High Court is ready to listen, and with McGreal [2024] IEHC 690 as your guide, you have a path to hold the Government accountable. Together, we can ensure that proper planning, sustainable development, and democratic representation prevail.

For assistance, please contact: 085 205 0563

CLICK HERE FOR APPLICATION ON GOOGLE DRIVE


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