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Supreme Court dismisses appeal from High Court, and affirms determination that a developer was entitled to continue to defend a grant by An Bord Pleanala of planning permission for 241 apartments, even where the Board had conceded that the decision should be quashed, on the grounds that: (a) a notice party was an interested party who had an entitlement under the rules to defend a decision; (b) a decision by the decision maker to conceded that a decision should be quashed on a matter of law amounted to no more than an opinion on a matter before the court; (c) where the concession was made on a matter of fact rather than law, the High Court had powers to ensure that the matter was determined expeditiously; and (d) once the High Court had determined that a notice party was a 'person affected' by a decision, it had an entitlement to defend the judicial review proceedings, and there was no 'threshold' to be met, even if the decision maker had conceded them.
Donnelly J (nem diss): Right of party to defend administrative decision after decision maker has conceded that it should be quashed - judicial review - decision by An Bord Pleanala - permission for construction of 241 apartments - strategic housing development - material contravention of development plan - height of building - failure of Board to assess public transport capacity - liberty of developer to defend proceedings - no reference to 'notice party' in Order 84 of RSC - burden of defending decision not normally on decision maker - whether participation by decision maker could deprive notice party of right to defend proceedings - whether notice party was entitled to continue to defend a decision where the decision maker had decided not to defend it - threshold for such entitlement - role of 'interested parties' in judicial review proceedings.
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.
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