Court of Appeal dismisses appeal of High Court order refusing to join a group of local residents to a developer's judicial review proceedings arising from a refusal by An Bord Pleanala for development consent and awarding costs against the group, on the grounds that: a) the group lacked legal capacity as an unincorporated body under the planning legislation, and if the Oireachtas had wished to provide for a wider exception it could have done so; b) the group does not come within the meaning of “directly affected” for the purposes of the rules and is not entitled to be joined as a notice party to the proceedings; and c) the trial judge was entitled to make the order for costs in favour of the developer against the group on the basis that costs follow the event.
Practice and procedure – appeal of High Court refusal of application to join notice parties – Ord. 84, r. 22(2) of the Rules of the Superior Courts – whether the trial judge erred in deciding that the North Meath Wind Information Group could not be joined as it is an unincorporated association – whether there was the necessary locus standi – Council Directive 2011/92/EU – whether the trial judge erred in awarding costs against the appellants because the judicial review proceedings to which the appellants seek to be joined as notice parties relate to the environment – Council Directive 2014/52/EU – substantial windfarms in Co. Meath – unincorporated body lacks capacity – s. 50A of the Planning and Development Act 2000 – Council Directives 85/337/EEC and 96/61/EC (“the Public Participation Directive”) – appellants do not come within the meaning of “directly affected” for the purposes of Ord.84, r.22(2) – Ord. 99 of the Rules of the Superior Courts – appellants may not avail of the protection provided to an unsuccessful party by the Rules – trial judge was entitled to make the order for costs in favour of the developer against the appellants on the basis that costs follow the event – appeal dismissed.