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High Court, in planning and development proceedings challenging the validity of a development consent in respect of a foreshore licence, and where the Minister is seeking to have the proceedings found moot in circumstances where the permitted works have been carried out and completed prior to the date of the substantive judicial review hearing, refuses to strike out the proceedings and grants liberty to the applicant to amend the proceedings to seek the use of survey data obtained, on the grounds, inter alia, that should the applicant be successful, the High Court would be obliged to take measures to eliminate the unlawful consequences of any breach of EU law, which may be in the form of a remedial assessment or remediation works.
Judicial review - planning and development - application to dismiss on grounds moot - proceedings challenging form of development consent - issued under Foreshore Act 1933 - respondent argues moot where the activities authorised by the development consent - were carried out and completed prior to the hearing of the substantive judicial review - whether a legal challenge to the validity of a development consent becomes moot - if applicant for judicial review fails to secure a stay on the implementation of the development consent - or if moot if works completed prior to hearing date - proceedings challenged alleging invalidity of granting of foreshore licence - due to contravention of Habitats Directive and Environmental Impact Assessment Directive - court considers legal consequences if challenge successful - developer given undertaking to High Court that it will not carry out any further surveys - mootness - court finds proceedings not moot - High Court's ability to provide a remedy has not been frustrated - if successful such a remedy may include directing a remedial assessment - timing of consequential relief - further remedy available would be the benefit of the survey data from development consent - whether use of survey data within scope of proceedings - court finds applicant is seeking a novel relief which should be pleaded - such a relief goes beyond the normal type of ancillary relief - applicant given liberty to amend statement of grounds.
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