High Court determines the issue of costs in circumstances where an appeal concerning the refusal of a planning injunction by the Circuit Court was subsequently withdrawn due to the grant of retention planning permission. The original court had denied the injunction based on the respondents' engagement with the planning authority to regularize the planning status. The High Court's decision focused on the allocation of costs post-withdrawal, awarding the applicants two-thirds of the costs incurred up to the date of the grant of retention planning permission and full costs from that date onwards, due to the respondents' pursuit of a largely irrelevant issue regarding the applicants' knowledge of a planning authority's letter.
Planning injunction - section 160 of the Planning and Development Act 2000 - retention planning permission - exempted development - unauthorised development - allocation of costs - appeal withdrawal - Circuit Court - High Court - enforcement proceedings - non-party discovery - affidavit evidence - legal costs - taxation of costs - Rules of the Superior Courts (RSC) - Environment (Miscellaneous Provisions) Act 2011 - Legal Services Regulation Act 2015 - grant of planning permission - An Bord Pleanála - non-statutory opinion - litigation strategy.