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High Court refuses an application for additional time within which to bring a judicial review in respect of a planning matter, on the grounds that the delay was not caused by circumstances outside of the control of the applicant, and the State was not put on notice as to issues raised concerning the applicability of EU law.
High Court - Planning and Development Act, 2000 (as amended) - Interpretation Act, 2005 - Planning and Development Regulations 2001 - applicants seeking extension of time - 14th March, 2022 - application for sub-division of site - 28th April, 2022 - additional information sought - 19th August, 2022 - public notices issued - 28th September, 2022 - permission granted - 26th October, 2022 - applicants appealed to board - 8th March, 2022 - board responded to say wouldn't be decided within 18 weeks - 22nd May, 2023 - respondent's inspector carried out site inspection - 24th May, 2023 - report issued - 29th May, 2023 - board notified applicants of further delay - 26th June, 2023 - permission granted - Planning and Development Regulations 2001 - Regulation 74(1) - notification requirements - 2000 Act - sections 146(5) and (6) - three days - Interpretation Act, 2005 - section 18(h) - 30th June, 2023 - time expired - 3rd July, 2023 - notice posted - 5th July, 2023 - website publications - five days out of time - 5th July, 2023 - inspector's report received - 4th August, 2023 - letter asking respondent if any other basis for decision - 15th August, 2023 - acknowledgment - 16th August, 2023 - applicants wrote again, decided to bring judicial review proceedings - 23rd August, 2023 - application for leave to apply for judicial review - 16th October, 2023 - motion to admit to present list first returnable - 6th November, 2023 - motion granted - 11th December, 2023 - respondent's position that application was out of time indicated to court - 18th December, 2023 - liberty granted to bring motion returnable for 19th February, 2023 - listed for hearing 20th February, 2023 - order sought quashing planning permission - applicants argued decision ultra vires and application made within eight weeks - applicants proposed interpretation is contra legem - 2000 Act - section 50(8) - extension of time - not caused by matters outside their control - State not put on notice - Rules of the Superior Courts - Order 60 - doesn't require this - listed again to decide EU law issues 11th March, 2024.
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