High Court, in planning and development judicial review proceedings, grants notice party's application for the court to set aside and revisit its judgment concerning an application to quash a Minister's decision to grant a foreshore license, with conditions, for the coastal mechanical harvesting of kelp, on the grounds that: (1) the notice party, as a party with a significant interest in granting of the license, had a right to be heard on the issue of jurisdiction when the court made prior findings at a stage in the proceedings when the notice party was no longer taking part; and (2) there is no valid and subsisting license to be challenged in the proceedings given the Minister's failure to abide by his statutory publication requirements by failing to notify the public in the prescribed way of his initial decision to grant such a license in accordance with foreshore legislation.
Judicial review - planning and development - jurisdictional issue - application to set aside and revisit court's prior judgment - ex tempore ruling - proceedings seeking to quash decision to approve condition of foreshore license for mechanical harvesting of kelp - timing of application for judicial review - Minister's obligations to comply with statutory obligation to publish fact of granting of license - finding that foreshore licensing process had not concluded by virtue of a failure to publish in iris oifigiúil - failure to notify public of right to challenge - revisiting a judgment prior to and subsequent to perfection of court's order - nature of foreshore license application - decision 'in principle' on license - foreshore legislative regime - statutory publication requirements - role of statutory judicial review - 'relevant application' for purpose of publication requirements - whether judicial review is contingent on publication - legal effect of grant of license notwithstanding non-publication - aarhus convention requirements - core licensing power conferred on Minister - Minister determines a relevant application when he grants a license pursuant to statute - license granted subject to statutory provisions - no valid subsisting license - time for judicial review only begins to run from date of publication of requisite notice - judgment set aside on grounds that notice party had a right to be heard on issue of court's jurisdiction