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High Court: (a) determines that certification was required to pursue an appeal to the Court of Appeal from a decision of the High Court to set aside leave to challenge planning decisions; (b) grants certification in respect of an appeal concerning whether the applicant had sufficient interest in the development to have standing to seek judicial review, on the grounds that greater certainty was required on that issue; but (c) refuses certification in respect of a challenge to time limits and the alleged obligation on the state to remedy breaches of European Union law.
Judicial review - application to certify leave to appeal - portions of earlier orders set aside - failure to apply within statutory time limit - whether applicant required certification to pursue appeal to Court of Appeal - s 50A(7) Planning and Development Act 2000 - test for certification - whether sufficient interest in development to pursue a challenge to the planning legislation - whether process precluded public participation - whether time limits ran against a person who was unaware of and could not be expected to know of a decision - whether in the public interest to certify an appeal in respect of the time limit - remedial obligations.
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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