Respondents’ costs of motion to remit to Circuit Court be reserved to Circuit judge

Planning and development – costs of legal proceedings - applicant seeks orders restraining unauthorised development on lands owned by the first named respondents - applicant seeks an order restraining the unauthorised use of the lands for and in connection with the manufacture of ready-mix concrete for sale off-site - seeks orders requiring the removal of unauthorised structures which have been erected on the lands – application to remit to the Circuit Court - market value of the lands was less than €3 million – Court decided to remit proceedings - respondents applied for the costs of the motion to remit - applicability of cost protection in Part 2 of the Environment (Miscellaneous Provisions) Act 2011 - costs of the proceedings in the high court to date - ere an order to remit is made, the normal rule in relation to the costs of the proceedings in the High Court is to reserve the costs of the High Court to the hearing of the action in the Circuit Court, so that the successful party in the lower court who is awarded reserved costs will be entitled to the costs of the proceedings in the High Court up to the date of remittal at the High Court scale - costs of the remittal application - costs protection under the 2011 act -absence of a decision on the applicability of costs protection, I consider that it is not possible for the court at this stage to “justly adjudicate upon liability for costs on the basis of the interlocutory application” -if the court were to award the respondents their costs of the motion to remit at this point, it would result in an injustice to the applicant if it were later to be established that the proceedings have the benefit of costs protection under Part 2 of the 2011 Act - f on the contrary, it were established that Part 2 of the 2011 Act does not apply, then the weight to be attached to a consideration of whether costs protection applies or not as a basis not to make an order for costs in favour of the respondent (and moving party) on their successful remittal application is diminished – costs in the cause - Court is satisfied that the appropriate order in respect of the proceedings to date is to reserve the costs of the proceedings in the High Court of both parties to the Circuit Court judge - Court considers the proper order in the circumstances to be an order reserving the costs of the respondents only on the remittal application to the Circuit Court and to make no order in respect of the applicant’s costs –