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Certificate of leave to appeal refused in planning and development proceedings where no uncertainty in law arises

By: Ian Fitzharris BL

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High Court, in planning and development judicial review proceedings concerning a decision to grant planning permission for development of an 'anaerobic digester plant', hears application brought by planning board for a certificate granting it leave to appeal to the Court of Appeal against the Court's decision to order certiorari of the decision to grant such permission, and finds that: (1) the applicant is permitted to adduce affidavit evidence in support of its application given the usual circumstances pertaining to a pleading point which arose during the course of the High Court hearing; and (2) there is no uncertainty in the state of the law concerning the 'O'Keefe' standard of reasonableness in judicial review proceedings as they pertain to planning and development matters, and therefore the application for a certificate is refused.

Judicial review - planning and development - application for leave to appeal to Court of Appeal - legal test governing leave to appeal - principles and considerations governing grant of leave to appeal - special rules on legal costs concerning environmental litigation - appellate architecture concerning Supreme Court and Court of Appeal - distinction between interpretation of legal principles and application of legal principles - o'keefe principles - application to adduce affidavit evidence for purposes of grounding application for leave to appeal - pleading point will rarely represent a point of law of exceptional public importance - findings of principle judgment - state of uncertainty in the law - law is evolving - principle judgment based on very usual set of circumstances and is of almost nil presidential value - appeal undesirable in public interest - risk that proceedings will become moot before appeal is heard - inordinate delay in progress of proceedings already - delay as a consideration of whether to grant application for leave to appeal

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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