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Applications for discovery and protective costs order in planning judicial review proceedings are refused
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High Court refuses extensive application for discovery sought against notice parties and An Bord Pleanála in judicial review proceedings concerning a preliminary designation decision by the board of a proposed wind farm development in County Meath, as the application is based on mere bald assertions unsubstantiated by any disputed factual evidence in the applicant's own affidavit; and the court further refuses an application for a protective costs order as the impugned decision fails to meet the criteria for the granting of same under the planning and development legislative regime.
Judicial review - application for discovery and a protective costs order - impugned decision by planning board that proposed wind farm development is a 'strategic infrastructure development' within the meaning of planning and development legislation - discovery in judicial review the exception rather than the rule - extensive discovery sought against notice parties based on bald assertions of inaccurate information being furnished to Board at the time decision was made which are not disputed by factual evidence within applicant's own affidavit - documents regarding allegation of 'project splitting' and connection to grid irrelevant and unnecessary - mere assertion that energy produced will be exported, so documents sought purporting to support same refused for being irrelevant and unnecessary - eight categories of documents sought against Board, some of which are publicly available - exercise is largely a fishing expedition based on mere assertions - decision by Board does not meet criteria for protective costs order - preliminary designation of nature of proposed development only - application for costs order refused.
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