Court of Appeal overturns the High Court's decision to refuse an extension of time for the appellants to bring a judicial review against An Bord Pleanála's grant of planning permission to a telecommunications company. The appellants allege bias in the decision-making process, citing statistical evidence suggesting an improbably high number of cases allocated to certain Board members. The Court of Appeal found that the public interest in the integrity of the planning process outweighed the commercial interest in certainty, and that the appellants had presented a strong case on the merits. The original court had not given sufficient weight to the public interest in systemic issues raised by the appellants.
Court of Appeal - judicial review - An Bord Pleanála - planning permission - telecommunications mast - bias - statistical evidence - public interest - integrity of planning process - extension of time - commercial certainty - systemic failure - allocation of cases - High Court - Planning and Development Act 2000 - Section 50 - Section 28 - Section 34(10) - Section 150(1) - Section 106(13)(d) - Kilkenny County Development Plan - Ministerial Guidelines – Telecommunications Antennae and Support Structures.