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Appeal of judgment refusing judicial review of planning decision is not in the public interest
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High Court refuses leave to appeal judgement that planning board correctly interpreted statutory provisions in refusing leave to seek substitute consent in relation to a quarry, on the grounds that the proposed questions did not involve points of law of exceptional public importance, and it is not desirable in the public interest that an appeal should be taken.
Judicial review – planning and development – commercial court – application for leave to appeal to the Court of Appeal - points of law raised by the applicant - principal judgment - interpretation of relevant statutory provision - errors in Board’s decision – relevant statutory provisions – relevant legal principles - consideration of points of law advanced by the applicant for certification – questions not of general importance - not satisfied that any uncertainty exists in the law in relation to the correct construction of the relevant statute – question does not transcend the facts of the case - appeal not desirable in public interest –
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.
