Connelly -v- An Bord Pleanala & ors [2018] IESC 36 (30 July 2018)

Connelly -v- An Bord Pleanala & ors [2018] IESC 36 (30 July 2018)

The matter should be remitted to An Bord Pleanála to determine the planning application in accordance with law as interpreted by the Supreme Court. Ms. Connelly is entitled to 75% of the costs in both the High Court and Supreme Court, as she succeeded in the main relief, but failed on significant issues that increased costs. No order as to costs for the application for a certificate to appeal or in respect of notice parties.

Citation
[2018] IESC 36
Parties
Applicant/respondent: Kathleen Connelly; Respondent/appellant: An Bord Pleanála; Notice Party: Clare County Council; Notice Party: McMahon Finn Wind Acquisitions Ltd
Jurisdiction
Ireland
Judgment Date
30 July 2018
Procedural Posture
Judicial Review / Supreme Court Ruling on Final Order and Costs
Outcome
Matter remitted to An Bord Pleanála; costs awarded as specified.
Legal Topics
Judicial Review of Planning Decisions, Remittal of Planning Applications, Costs in Litigation, Environmental Impact Assessment (eia)
Administrative Law Planning Law Environmental Law Judicial Review of Planning Decisions Remittal of Planning Applications Costs in Litigation Environmental Impact Assessment (eia)

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Parties

Kathleen Connelly

Applicant/respondent

An Bord Pleanála

Respondent/appellant

Clare County Council

Notice Party

McMahon Finn Wind Acquisitions Ltd

Notice Party

Procedural Posture

Judicial Review / Supreme Court Ruling on Final Order and Costs

Legal Issues

  1. 1 Whether the planning application should be remitted to An Bord Pleanála and on what terms
  2. 2 Appropriate allocation of costs in light of partial success and failure on issues

Ratio Decidendi

The matter should be remitted to An Bord Pleanála to determine the planning application in accordance with law as interpreted by the Supreme Court. Ms. Connelly is entitled to 75% of the costs in both the High Court and Supreme Court, as she succeeded in the main relief, but failed on significant issues that increased costs. No order as to costs for the application for a certificate to appeal or in respect of notice parties.

Court Disposition

Matter remitted to An Bord Pleanála; costs awarded as specified.

Orders

  • Order remitting the planning application to An Bord Pleanála to determine in accordance with law as interpreted by the Supreme Court judgment.
  • Applicant awarded 75% of the costs of the High Court and Supreme Court proceedings, including costs of filing the respondent’s notice.