An Bord Pleanala failed to notify public of compulsory purchase decision

The Applicant had previously challenged the compulsory purchase of his land in the High Court. This action was dismissed and the decision was subsequently set aside by the Supreme Court. The High Court, in the instant proceedings, held that the Respondent had contravened sections of the Planning and Development Act, 2000 by failing to make an order of the Respondent available to the Applicant.

The Applicant, a farmer, sought, inter alia, an Order of Certiorari to quash a decision made by the Respondent.  The court held that the case for Certiorari bore no resemblance to the Applicant's notice of appeal to the Respondent.

The court did, however, hold that the Respondent had contravened sections 146(5) and 146(7)(b) of the Planning and Development Act 2000.  The Respondent, contrary to fair procedures, failed to make the impugned decision available for inspection at its offices by members of the public or for inspection on its website by electronic means in accordance with its own established procedures.

The court ordered that there be a declaration that the First Named Respondent contravened sections the Planning and Development Act 2000, by failing to make its decision available, and the court further ordered that the rest of the proceedings be dismissed. The court awarded costs to the Applicant but limited them to the costs that would have been incurred had the Applicant confined his proceedings the the issue in respect of which he was successful.