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The High Court refused an application to amend a statement of grounds and denied leave to seek judicial review of a planning permission granted by a statutory planning commission. The applicants, objecting to the development on grounds including architectural heritage impacts and residential amenity, filed their initial court papers at the very end of the statutory period without fully setting out their case. The court found the proposed amendments would have introduced a substantially new case, and noted that the applicants offered insufficient explanation for not making these arguments within the statutory time limit. The applications to amend, for leave to seek judicial review, and to file an additional affidavit were all refused as the original grounds did not disclose substantial grounds for challenge and the requirements for extending time were not met.
judicial review – planning permission – leave to apply for judicial review – application to amend statement of grounds – statutory time limit – substantial grounds – residential development – architectural heritage – residential amenity – Dún Laoghaire Rathdown County Development Plan – Foxrock Architectural Conservation Area – Planning and Development Act 2000 – Rules of the Superior Courts (RSC) – affidavit – public policy – unreasonableness challenge – Order 84 RSC – time extension
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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