The High Court refused leave to appeal to the Court of Appeal concerning the refusal to quash a grant of planning permission, finding that an alleged error in the interpretation of a Local Area Plan (LAP) by a decision-maker was not material and therefore did not warrant certiorari. The court held that the error did not affect the legal outcome, as the LAP only required the decision-maker to have regard to its provisions, not to comply with them. The court emphasized that not all errors lead to certiorari, and in this case, the error was not legally impactful due to the non-application of a specific legal provision. The court also noted that the applicant had dropped most of its original EU law points, focusing instead on a domestic law issue that was ultimately found to be insignificant.
certiorari, Local Area Plan (LAP), material error, Planning and Development Act 2000, harmless error doctrine, public importance, judicial review, safety considerations, Irish Aviation Authority (IAA), environmental impact assessment (EIA), European Union law, water framework directive, compliance, legal interpretation, public interest, High Court of Ireland, appeal application.