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No point of law of exceptional public importance in planning matter despite difference of emphasis between High Court judgments

By: Ian Fitzharris BL

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High Court, in planning and development judicial review proceedings (by way of a supplemental judgment), refuses application for a certificate of leave to permit the applicant to appeal the Court's substantive decision to the Court of Appeal, on the grounds that: there is no public interest served in permitting the application, nor any appreciable point of law of exceptional public importance arising from the Court's findings that the applicant did not have a sufficient interest in the planning site; a difference of emphasis between High Court judgments on the legal question of 'sufficient interest' was insufficient to grant the application; and the Court's decision to adjourn the substantive proceedings to permit the Board an opportunity to amend a planning permission condition was carried out in accordance with the exercise of statutory powers.

Judicial review - planning and development - supplemental judgment - application for certificate of leave to appeal to Court of Appeal - public interest in clarifying whether requirement set out in planning regulations must be met by the provision of a separately identified chapter or section in an environmental screening report will be met when issues are decided by Court of Appeal arising from a certificate granted to respondent in separate proceedings - whether court was correct in refusing to grant certiorari of decision by an Bord Pleanala to accept planning application - applicant's failure to engage in statutory pre-application consultation process - sufficient interest - no point of law of exceptional public importance - court's prior decision to adjourn proceedings to give board opportunity to amend planning permission condition in exercise of planning and development statutory regime - not a point of law of exceptional public importance - application for judicial review dismissed

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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