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High Court refuses to grant a certificate for leave to appeal from a refusal of judicial review of a determination by An Bord Pleanala that certain development was not 'exempt development' within the meaning of the relevant legislation, on the grounds that the matter did not involve a point of law of exceptional public interest.
Judicial review - planning and development - application for leave to appeal decision refusing judicial review - request for declaration under section 5 of the Planning and Development Act 2000 - finality of High Court decision - reasoning of An Bord Pleanala - whether reasoning could be reasonably inferred - refusal to grant a declaration that a development was exempt development - whether a material change of use - high threshold - questions that might have warranted a certificate for leave to appeal - whether a point of exceptional public importance - whether in the public interest - whether uncertainty as to the law.
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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