Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
High Court refuses to overturn decision granting planning permission, on the grounds that: (a) the applicant had not exhausted all appeal mechanisms before initiating judicial review proceedings; and (b) the applicant was not at any stage precluded from making an appeal.
High Court - Planning and Development Act, 2000 (as amended) - Planning and Development Regulations 2001 - decision not appealed to board in time - applicant argues he was out of the country - 29th November, 2022 - Planning and Development Act, 2000 (as amended) - section 34 - application to expand - Planning and Development Regulations 2001 - Article 20 - site notice must be in place for five weeks - 11th January, 2023 - notice expired - 1st February, 2023 - permission granted - 28th February, 2023 - An Taisce appealed - 2000 Act - section 37(6) - applicant appealed to board - 24th March, 2023 - leave refused - May 2023 - judicial review matter dealt with on consent - matter remitted to board - 9th January, 2024 - leave to to appeal refused again - 28th March, 2023 - leave sought on ex parte basis - 20th February, 2024 - matter ultimately heard, judgment reserved - 2000 Act - section 50A(3)(c) - all appeal mechanisms must be exhausted before judicial review - applicant's caretaker could've seen notice while he was out of the country - applicant was not prevented from bringing an appeal - application dismissed - no costs order.
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.
The only subject matter index for all Irish judgments over the past thirteen years. Click here to request a subscription.
Register Now