High Court, following an order dismissing application for judicial review of a decision granting planning permission for the construction of a wind farm, refuses application for certificate of leave to appeal to the Supreme Court, on the grounds that: the three questions posed by the applicants do not emerge from the real case made at hearing or in the pleadings before the hearing court; and the court's determination on the planning board's expected level of reasoning required when considering an environmental impact assessment was taken out of context by the applicants, such that their proposed question fails to arise from the facts of the case.
Application for certificate for leave to appeal order dismissing planning and development judicial review proceedings - statutory procedure - planning legislation - principles to be applied - uncertainty in the law - point of law of exceptional public importance - desirable in public interest that appeal should be taken to Supreme Court - jurisdiction to certify to be exercised sparingly - commercial implications may be a consideration - questions sought - board's obligations to consider scientific evidence relating to wind farm noise, consideration of scientific criticisms and information relating to the development consent process - points of law on first two questions do not emerge from real case made on pleadings or hearing of judicial review and fail to engage with judgment's reasoning - points fail to transcend the facts of present case as no evidence presented to court demonstrating effect of interpretation of planning guidelines on other cases - implicit from board's decision that it proceeded to consider all information submitted - level of reasoning to be given by board discussed in recent decision of Supreme Court - wording of court's judgment on reasoning required does not lend itself to a point of law arising from the facts of the case - certificate refused.