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Challenge to grant of planning permission does not require an undertaking as to damages in favour of developer

By: Ian Fitzharris BL

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High Court, in planning and development judicial review proceedings, refuses the notice party developer's application for an undertaking in damages to be provided by the applicants in its favour in proceedings in which the applicants challenge the lawfulness of a decision by An Bord Pleanala to grant planning permission for strategic housing development at a site near to the applicants' homes, on the grounds that: the fact that there is no present prospect of loss or damage to the notice party by reason of the proceedings weighs in favour of refusing the application at this remove; but the court leaves open the possibility that the application may be renewed should circumstances change in the proceedings.

Judicial review - planning and development - whether further prosecution of judicial review proceedings should be made conditional on the applicants providing an undertaking as to damages - an Bord Pleanala's decision to grant planning permission for strategic housing development - prospect of delay to proceedings - judicial discretion on question of undertaking reflected in planning and development statutory regime - stay in being regarding handover of site to contractor - absence of a present prospect of loss and damage to notice party by reason of proceedings is a proper consideration in exercise of court's discretion to require an undertaking - whether an undertaking is necessary in interests of justice - broad view of character of proceedings - public/private nature of proceedings - private interest does not automatically imply the grant of an undertaking - application refused

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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