Judgment upholding grant of planning permission for waste recycling facility did not raise point of law of exceptional public importance

Court refused application for relief in respect of a decision to grant planning permission for a waste recycling facility – applicant’s application for leave to appeal – questions of law of exceptional public importance arise – s.50A(7) of the Planning and Development Act 2000 – decision in respect of an application for leave shall be final – exercised sparingly – point of law must arise out of a decision of the High Court – not from discussion or consideration of a point of law during the hearing – exceptional public importance and desirable in the public interest require separate consideration – must show point is one of public importance and where there is a degree of legal uncertainty – more than one referable to the individual facts of a case – submitted by the applicant that in deciding the word in the condition of the planning permission which was clearly a typographical error – the court had found that there was an error on the face of the record in respect of which it had not granted certiorari and that raised a point of law of exceptional public importance and it was in the public interest that it be determined on appeal – Court does not agree that a point of law of exceptional public importance was involved in resolving the issue – issue in relation to the wording raised for the first time in reply to counsel for the respond.