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High Court refuses leave to appeal to the Court of Appeal in respect of a decision to remit a planning application for an incinerator to An Bord Pleanala, where the original decision had been quashed on the basis of objective bias, but the successful applicant for judicial review opposed the decision to remit, on the grounds that: (a) the decision to remit did not raise issues of law of exceptional public importance; and (b) in particular, it did not impose any unjust pleading obligations on an applicant for judicial review.
Application for leave to appeal to Court of Appeal - s.50A(7) of the Planning and Development Act, 2000 - application by successful party - order of certiorari of decision of An Bord Pleanala - remittal of planning application to Board - challenge to grant of planning permission for incinerator - whether decision should have been remitted to Board to consider in light of judgment - whether points of law of exceptional public importance - application to remit made after decision to quash planning permission - applications for leave to appeal - discretion to remit.
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