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Preliminary reference order in planning and development judicial review will not be drawn up until Attorney General has had opportunity to consider application to be joined as notice party

By: Ian Fitzharris BL

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High Court, in planning and development judicial review proceedings, following delivery of its initial judgment ruling that the court would make a preliminary reference to the CJEU on the extent of the High Court's obligation to rule on the validity of an impugned planning permission notwithstanding the Applicant's wish to withdraw their proceedings, considers attorney general's correspondence to the court sent prior to the drawing up of the formal order requesting an adjournment of 21 days of the said drawing up to allow him consider whether or not he will bring a motion to be joined to the proceedings as a notice party, and finds that such request is a reasonable one given that party's role in defending the public interest and grants the adjournment sought.

Judicial review - planning and development - preliminary reference to TFEU - article 267 - drawing up of formal order for preliminary reference - draft order - parties invited to bring to attention of court any error in draft reference - protocol 24 March 2020 on delivery of judgements electronically - attorney general's request for adjournment of drawing up of order to consider counsel's advices concerning application to be joined to proceedings as a notice party - reasonable request - liberty to issue motion seeking to be joined to proceedings if appropriate - further directions hearing to be a remote hearing.

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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