Sweetman -v- An Bord Pleanala & Ors [2016] IECA 123 (25 April 2016)

Sweetman -v- An Bord Pleanala & Ors [2016] IECA 123 (25 April 2016)

The proceedings are not a collateral attack on the Donegal County Council decision; the challenge is properly directed at An Bord Pleanála's decision and, in the alternative, at the legislation's compliance with EU law. Statutory time limits do not bar the claim. The High Court's refusal to strike out the proceedings was correct.

Citation
[2016] IECA 123
Parties
Applicant/respondent to Appeal: Peter Sweetman; Respondent/appellant: An Bord Pleanála; Respondent/appellant: Ireland; Respondent/appellant: Attorney General; Notice Party: Thomas Houstan
Jurisdiction
Ireland
Judgment Date
25 April 2016
Procedural Posture
Appeal / Judgment on Appeal Against High Court Order Refusing to Strike Out Proceedings
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Environmental Impact Assessment, Retrospective Development Consent, Compliance With EU Law, Statutory Time Limits
Administrative Law Planning Law European Law Judicial Review Environmental Impact Assessment Retrospective Development Consent Compliance With EU Law Statutory Time Limits

Case Brief

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Parties

Peter Sweetman

Applicant/respondent to Appeal

An Bord Pleanála

Respondent/appellant

Ireland

Respondent/appellant

Attorney General

Respondent/appellant

Thomas Houstan

Notice Party

Procedural Posture

Appeal / Judgment on Appeal Against High Court Order Refusing to Strike Out Proceedings

Legal Issues

  1. 1 Whether proceedings constitute a collateral attack on an earlier administrative decision
  2. 2 Whether statutory time limits bar the challenge
  3. 3 Whether Irish legislation complies with EU law regarding substituted consent

Ratio Decidendi

The proceedings are not a collateral attack on the Donegal County Council decision; the challenge is properly directed at An Bord Pleanála's decision and, in the alternative, at the legislation's compliance with EU law. Statutory time limits do not bar the claim. The High Court's refusal to strike out the proceedings was correct.

Court Disposition

Appeal dismissed

Orders

  • Refusal to strike out proceedings against Ireland and the Attorney General upheld