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Appeals to Supreme Court should not be confined in a technical manner to the leave granted
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Supreme Court determines that an appellant was entitled to raise issues of European law in relation to an appeal concerning whether an objector to a development was entitled to be heard by An Bord Pleanala as to whether a development consistent of strategic infrastructure, on the grounds that the scope of appeals to the Supreme Court should not be confined in a technical manner to the leave granted.
Clarke J (nem diss): Planning and development - scope of appeal - boundaries of issues - Planning and Development (Strategic Infrastructure) Act, 2006 - person who wishes to oppose a development - whether the development came within the scope of the 2006 Act - strategic infrastructural development - whether entitled to be heard by An Bord Pleanala - formation of opinion as to whether development was strategic infrastructure - whether 2006 Act properly transposed directive 2011/92 - whether objector had a right to be heard at the stage of the decision as to whether the development came within the scope of the Act.
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