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No extension of time granted to challenge decision of An Bord Pleanála

By: Hannah Godfrey BL

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High Court refuses application to extend time within which to bring judicial review proceedings in order to join An Bord Pleanála as co-respondent, on the grounds that: (a) it was clear that the applicants would have been able to bring an application for judicial review against the decision of An Bord Pleanála within the statutory eight-
week time limit; and (b) there was therefore no need to consider whether or not there was good and sufficient reason for extending time.

Application for extension of time to seek leave for judicial review - intended challenge to decision of An Bord Pleanála upholding county council's decision to grant retention permission - applicants seeking to join An Bord Pleanála to existing proceedings challenging decision of the county council - s. 50(6) of the Planning and Development Act 2000 - statutory eight-week time limit for seeking leave - provision in s. 50(8) for extending time where good and sufficient reason for doing so and circumstances preventing application for leave within eight weeks outside the control of applicant - whether applicants’ failure to act before the time limit expired arose from circumstances outside of their control - whether alleged frailties in the decision-making process amounted to good and sufficient reason.

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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