High Court, in judicial review proceedings brought by an action group challenging a decision granting permission to develop a wind farm: (1) refuses application to amend statement of grounds as the amendments sought would effectively be a new cause of action; and (2) grants application to dismiss the proceedings as being bound to fail as they were taken outside the statutory time limits.
Judicial review – planning and development – practice and procedure – motion to amend statement of grounds – seek relief against the State parties - strike out application for being bound to fail – does not seek reliefs against the State parties – action group opposing the development of windfarms – granted planning permission for the development and operation of a windfarm – action group brought judicial review proceedings - alleged non-compliance of the grant of planning permission with certain articles under both the Environmental Impact Assessment – reliefs sought - 44 separate grounds – statutory time limits - entry into Commercial Court - exchange of correspondence - strike-out application – jurisprudence of the superior courts – whether the existing pleadings contain an implied claim for relief against State parties - no reasons given for the delay – outside the permissible time therefore bound to fail - amendment of pleadings outside the relevant time limits in judicial review – amendment would be effectively advancing an entirely new cause of action – application to amend refused – proceedings dismissed as being bound to fail –