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Court of Appeal affirms decision of the High Court to dismiss an application for judicial review of a planning decision, on the grounds that: (a) the appellant's proceedings were brought outside the time limit provided by statute, in circumstances where time beings to run on the date the decision was made, and not when it was received; and (b) the appellant did not provide any evidence as to the reason why she did not move her application within the allotted time period to justify an extension of time.
Judicial review - challenge to planning decision - High Court held that application for judicial review was brought outside the time limit - Planning and Development Act 2000 - High Court refused to grant extension of time - appellant did not meet the test for an extension - two limbed test - s.50(8) of the Planning and Development Act 2000 - appellant appealed decision of the High Court - application for judicial review of planning decisions to be made within 8 weeks beginning on the date of the decision - Court of Appeal held time begins to run the date the decision was made - time stops running when ex parte application is made to the High Court - application to extend time refused - EU principle of effectiveness not an issue - there must be good and sufficient reason for the extension - circumstances causing delay must be outside the control of the applicant - appellant did not offer any reasoning for her late application - appeal dismissed - costs follow the event -
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