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High Court, in judicial review proceedings concerning a planning board's decision to grant consent for large-scale residential development, deems it necessary to engage the preliminary reference procedure to the Court of Justice of the European Union for guidance on whether or not a court might be obliged to determine the validity of a planning permission notwithstanding an applicants' wish to withdraw their proceedings, the Court finding that the precise answer to this obligation is entirely dependant on the correct interpretation of an environmental impact assessment Directive derived from EU law.
Judicial review - planning and development - interim ruling - whether decision by CJEU on interpretation of environmental impact assessment directive is necessary to enable court to give judgment on issue in proceedings - whether there are ever circumstances which a national court may be obliged to rule upon an application to set aside development consent notwithstanding the party invoking court's jurisdiction seeks to strike out proceedings - decision to grant development consent for large-scale residential development - allegation that planning board failed to comply with obligation to state 'main reasons and considerations' for decision to grant development consent - consent application to strike out proceedings - court's discretion to accede to strike out application - special development consent procedure - pre-application consultation - statutory 'opinion' - statutory report of chief executive of planning authority - strategic infrastructure development list of High Court - housing density - settlement reached between parties - judicial review proceedings cannot be discontinued unilaterally by applicants - whether discretion to refuse strike out application should be limited and exercised in favour of allowing settlement - statutory provisions on duty to give reasons - public policy reasons in favour of settlement - stage at which application to strike out may be made - necessity for preliminary reference - housing density issue not an issue of domestic law only - public participation issues - danger that objector might be 'bought off' by offer of financial settlement - draft of proposed form of reference
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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