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Application for legal aid on appeal was moot where proceedings had determined in 2011
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Supreme Court, on appeal from High Court, refuses an application for legal aid brought by an environmental group in respect of an appeal from a 2010 decision to refuse to join the group as a notice party to judicial review of a town development plan, on the grounds that the judicial review had been concluded in 2011, and that the relevant development plan had already expired, rendering the application doubly moot.
Clarke J (nem diss): Challenge to provision in town development plan - application by environmental campaign group to be joined to proceedings - refusal of application in High Court (Hanna J) - provision of legal aid for appeals - Aarhus Convention - whether proceedings moot - challenge to zoning of certain lands - judicial review commenced in 2010 - application by environmental group refused in December 2010 - no application for stay on proceedings - trial of proceedings in ordinary way by way of telescoped hearing - zoning quashed and issue remitted to local authority for further consideration - further planning process in 2011 - expiration of relevant development plan in any event - whether issue of sufficient public importance - whether appropriate to entertain an appeal notwithstanding that issue was moot.
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