Notice party fails to establish that proposed development may have a significant effect on a protected site

Judicial review - planning and development - whether notice party should be entitled to continue to defend proceedings notwithstanding respondent is prepared to consent to order of certiorari quashing grant of planning permission for strategic housing development - remittal sought with a view to allowing board opportunity to make request for further information as it considers appropriate in the carrying out of its functions pursuant to the Habitats Directive - board's position that it would not exercise its discretion to seek additional information if remitted, given provisions of residential tenancies planning legislative provisions - whether notice party would suffer an injustice if it was disallowed to defend proceedings - grounds upon which notice party seeks to defend screening decision of planning board - board's concerns as to legal costs if proceedings are permitted to continue - position of applicant for planning permission and State respondents - whether matter has been effectively determined by board's concession of certiorari - doctrine of judicial restraint - whether only proper legitimus contradictor is the planning Board - notice party and applicant's final written submissions on application - notice party has legitimate interest in upholding planning board's decision in its favour - no authority identified which permits notice party to defend proceedings in which decision-maker has consented to certiorari - board's concession raises a prima facie doubt as to absence of risk of significant effects on the SPA - court will be slow to look behind concession by planning authority unless sufficient objective evidence put before court to demonstrate very clearly that there is a sound basis to suggest at trial that the waddenzee test can be met, notwithstanding the concession - perfectly logical basis for board's concession - board not prepared to stand over its own expert's material in context of screening exercise - no sufficient basis established to justify why order of certiorari should not be made - order of certiorari granted