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The High Court refused an application for leave to bring judicial review proceedings against a planning authority’s grant of permission for a wind farm development. The applicant, who acted without legal representation, alleged that her submissions were not fully considered and raised complaints regarding the impact of the access road and prior removal of hedgerows. The court found that the applicant’s papers failed to set out substantial or properly particularised legal grounds, that the proceedings were not prosecuted diligently, and that medical issues cited did not excuse repeated delays and failures to comply with procedural requirements. Ultimately, the application was deemed out of time and lacking in merit, with the court exercising its discretion to dismiss the proceedings due to inadequate prosecution.
leave to apply for judicial review – planning permission – wind farm development – failure to prosecute – lack of substantial grounds – procedural requirements – out-of-time application – self-represented litigant – adjournments – health issues and litigation – access road impacts – removal of hedgerows – Rules of the Superior Courts – Planning and Development Act 2000 – planning authority
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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