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High Court: (a) dismisses stud owners/operators’ motion to extend time for the bringing of judicial review proceedings challenging a determination that an electricity line crossing their lands was exempted development, on the grounds that they did not make out good and sufficient reason for the extension of time on the basis of domestic or European Union law; and (b) grants the Electricity Supply Board an application to set aside the order giving leave to seek judicial review, on the grounds that it was outside the statutory time limit.
Judicial review - First to fourth named applicants legal owners of a stud - fifth named applicant company carrying on business as the stud – ESB line crossing applicants’ lands – two county councils determined that project was an exempted development within Planning and Development Act, 2000 – failure of both county councils to publish a section 5 request on local authority’s website – stud owners seek certiorari quashing the declaration of development and exempted development under section 5 of the Planning and Development Act 2000 – stud owners seek declaration that section 5 is an unjustified interference with property rights under the constitution and contrary to EU law - the date of knowledge – factors relevant to granting an extension of time and late commencement of proceedings for judicial review under domestic and EU law.
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