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The High Court has granted leave to appeal on four points of law deemed of exceptional public importance, arising from a decision involving the regulation of quarry operations. The original decision, which upheld the regulatory authority's determination without an appeal option, was challenged on the grounds of procedural fairness and the proportionality of the consequences for the quarry owner. The High Court recognised the potential for the case to set a precedent in the quarrying sector and the public interest in ensuring decisions are made in accordance with the law, leading to the conclusion that appellate scrutiny is warranted.
Planning and Development Act 2000, s.50A(7), leave to appeal, judicial review, quarry regulation, An Bord Pleanála, established pre-1963 user, procedural fairness, proportionality, enforcement notice, business closure, appellate court interpretation, JJ Flood authority, legal precedent, public interest, exceptional public importance, stare decisis (the legal principle of determining points in litigation according to precedent).
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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