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Court of Appeal dismisses appeal from High Court, and affirms order striking out an application for judicial review issued against An Bord Pleanala concerning a grant of planning permission made by a planning authority for an outdoor cinema screen, on the grounds that: (a) the decision had not been made by An Bord Pleanala, and the judicial review should have been brought against the appropriate planning authority; and (b) the application was out of time and had adopted the incorrect procedure.
Collins J (nem diss): Judicial review - planning and development - application for installation of outdoor screen for open-air cinema events - objection to planning applicatoin - alleged transformation of shopping centre into 'vibrant nightlife hub' - whether notification of decision received within statutory timeframe - grant of permission by planning authority - judicial review sought against An Bord Pleanala - failure to name applicant for planning permission as a notice party - application for leave - procedure - application by An Bord Pleanala to have proceedings struck out - order granted by High Court - action brought against wrong party - inadequate particulars in statement of grounds - application brought outside appropriate time limit - grant of leave to appeal.
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