Certificate required to appeal costs order to Supreme Court

Dunne J (nem diss): Judicial review - decision to confirm that public road had been realigned in accordance with planning permission - permission to build single storey dwelling - s. 37 of the Planning and Development Act 2000 - condition that public road be realigned to the satisfaction of the planning authority - subsequent confirmation that road had been realigned - refusal of judicial review in High Court - appeal - order for costs against applicant - motion seeking to strike out notice of appeal - no certificate that decision concerned point of law of exceptional public importance - s. 50A(7) of the Planning and Development Act 2000 - whether certificate for leave required where appeal was in respect of costs only - whether previous decision capable of being distinguished by virtue of subsequent legislation - Environment (Miscellaneous Provisions) 2011 - Aarhus Convention - constitutional right of appeal - restriction on right of appeal - whether to depart from previous decision in light of legislation.

"The jurisprudence of this Court ... make it plain that the determination on the issue of costs forms part of the decision in the case and thus cannot be appealed in the absence of a certificate. The Act of 2011 did not alter, amend or vary the application of s. 50A(7) of the Act of 2000. Accordingly for the reasons set out above, I would dismiss the appeal."

McKechnie J (concurring): [judgment not yet published]