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Supreme Court allows appeal from Court of Appeal, and reinstates order of the High Court in a judicial review of a large scale residential development, determining that the 'no costs rule' concerning environmental litigation applied to all of the grounds of challenge, and not just those concerning the EU 'Habitats Directive', on the grounds that the plain language of the Irish legislation - implementing the EU's 'not prohibitively expensive' (NPE) principle concerning environmental challenges - clearly meant that any challenge to a relevant decision fell within the costs protection provided for.
Murray J (nem diss): Environmental law - 'Aarhus Convention' - proceedings to be 'not prohibitively expensive' - s. 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016 - challenge to large scale residential development - permission granted by An Bord Pleanala - judicial review - challenge under habitats directive - material convention of county development plan - circumvention of ministerial guidelines - whether consent of landowner properly obtained - 'protective costs order' (PCO) - s 50B of the Planning and Development Act 2000 - Environment (Miscellaneous Provisions) Act 2011 - acceptance that PCO applied to challenge under Habitats Directive, but not in relation to other grounds of challenge - whether s 50B applied to all grounds in proceedings - legal framework - determination in High Court that PCO applied to all grounds - appeal to Court of Appeal allowed - construction of statute - canons of interpretation - scope of Aarhus Convention - implementation of Convention in Irish law - Treaty obligations and statutory interpretation - uniformity in use of language - in pari materia (in the same matter).
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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