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The High Court refused an application for judicial review by a landowner seeking to challenge the planning authority's decision to allow an expansion of an industrial facility neighbouring his estate. The court found that the landowner failed to meet the threshold for leave to appeal the permission, as required by law, because the planning authority's conditions did not materially alter the nature of the development originally applied for. The court dismissed the landowner's claims that procedural errors in how internal Board memoranda were generated and considered - specifically, the timing of reports and alleged failure to address earlier internal recommendations - justified quashing the decision. The court concluded there was no prejudice or unfairness arising from the procedural issues, and that the core objections related to the development itself, rather than any condition imposed. As a result, the request for certiorari was refused, allowing the planned expansion to proceed.
judicial review – planning permission – leave to appeal – expansion of industrial facility – protected structure – adjoining landowner – An Bord Pleanála – planning and development – Section 37(6) Planning and Development Act 2000 – interpretation of planning conditions – material alteration threshold – procedural fairness – internal Board memoranda – discretion of planning authority – certiorari refused
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