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High Court grants partial permission for the amendment of pleadings in an environmental impact case, allowing only changes that provide further particulars and not those introducing new points, on the grounds that the only acceptable amendments are those that elaborate on existing arguments, and the applicants failed to provide a substantive explanation for more substantial changes.
Amendment of pleadings - environmental impact assessment (EIA) - appropriate assessment - European sites - Galway City Development Plan - plot ratio/density - High Court - Rules of the Superior Courts (RSC) - Order 84 Rule 23 - substantial grounds - irremediable prejudice - interests of justice - Habitats Directive - derogation licence - planning law - Save Roscam v. An Bord Pleanála - judicial review - statutory interpretation - particularisation of grounds.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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or click here to request site subscription to search and view all judgments |
High Court grants partial permission for the amendment of pleadings in an environmental impact case, allowing only changes that provide further particulars and not those introducing new points, the court stating that the only acceptable amendments are those that elaborate on existing arguments, as the applicants failed to provide a substantive explanation for more substantial changes.
Amendment of pleadings - environmental impact assessment (EIA) - appropriate assessment - European sites - Galway City Development Plan - plot ratio/density - High Court - Rules of the Superior Courts (RSC) - Order 84 Rule 23 - substantial grounds - irremediable prejudice - interests of justice - Habitats Directive - derogation licence - planning law - Save Roscam v. An Bord Pleanála - judicial review - statutory interpretation - particularisation of grounds.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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