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An Bord Pleanála wrongly determined that notice parties’ property was ‘adjoining’ development

By: Colm Scott Byrne BL

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High Court quashes the decision of An Bord Pleanála to grant leave to the notice parties to appeal the decision of a local authority to grant planning permission for a development, on the grounds that: (a) the court should adopt a literal approach to interpreting the legislation and should not adopt a broad and purposive approach as contended for by the respondent; (b) the Board had not provided a narrative or reasons that explained why it treated the notice parties’ land as 'adjoining' for the purpose of its decision to grant leave to appeal nor was there was any basis in fact or in law upon which the respondent could have treated the notice parties’ lands as 'adjoining'; and (c)  the Board's decision that the notice parties had shown that the development would differ materially from the development as set out in the application for permission by reason of conditions imposed by the planning authority was not factually substantiated and wrong in law.

Judicial review - planning and development - circumstances in which the process by which the respondent may permit a person who has not made submissions or observations in respect of a planning application to a local planning authority, may nonetheless be granted leave to appeal a decision to grant a permission to the respondent - s.37(6) of the Planning and Development Act, 2000 as amended - whether the three criteria necessary to grant leave to appeal under the section had been met - whether the notice parties had an interest in adjoining land in respect of which a decision to grant permission has been made - whether the respondent's decision that the notice parties had shown that the development will differ materially from the development as set out in the application for permission by reason of conditions imposed by the planning authority was factually sustainable - order of certiorari granted

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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