Limerick Corporation v. Sheridan (1956) 90 ILTR 59

The High Court held that an order prohibiting the erection or retention of temporary dwellings within Limerick was invalid as it was ultra vires the powers conferred by section 31 of the Local Government (Sanitary Services) Act, 1948.

Facts

The sanitary authorities for the County Borough of Limerick issued an order on 11th October, 1951, prohibiting the erection or retention of any temporary dwelling on any street or roadway within the area of the County Borough of Limerick without their previous written consent, as well as on any land within three hundred yards from the centre of any such street or roadway or from any occupied dwellinghouse. The defendant resided in a wheeled caravan on waste ground at the rear of 49 Parnell Street in the County Borough of Limerick, which was within three hundred yards from the centre line of a street or road. The defendant was charged with an offence under section 31(4) of the Local Government (Sanitary Services) Act, 1948, for contravening the order. 

Issues

The only question submitted for consideration was whether the order prohibiting the erection or retention of temporary dwellings, as issued by the sanitary authorities, was ultra vires the powers conferred by section 31 of the 1948 Act.

Reasoning 

The Court held that the order was ultra vires and therefore invalid. The power to prohibit the erection or retention of temporary dwellings on any land or water, as conferred by section 31(1) of the Act, is to be exercised only if the sanitary authority is of the opinion that such erection or retention would be prejudicial to public health or the amenities of the locality or would interfere to an unreasonable extent with traffic on any road.  

The Court noted that if the order were to be considered valid, it would have the effect of constituting the corporation a licensing authority for the erection or retention of temporary dwellings, which would make sections 30 and 34 of the Act unnecessary. Additionally, the order's wide effect would result in oppressive and gratuitous interference with the common law rights of those affected by it. 

Conclusion

The order prohibiting the erection or retention of temporary dwellings within the area of the County Borough of Limerick was found to be ultra vires the powers conferred by section 31 of the 1948 Act and was therefore invalid. The defendant, who was residing in a wheeled caravan in contravention of the order, was not guilty of the offence charged under section 31(4) of the Act.