North Westmeath Turbine Action Group & Anor v An Bord Pleanala & Ors (Unapproved) [2022] IECA 126 (01 June 2022)

North Westmeath Turbine Action Group & Anor v An Bord Pleanala & Ors (Unapproved) [2022] IECA 126 (01 June 2022)

The High Court erred in addressing the strike-out application before the amendment application and in refusing the amendment. The amendment sought by NWTAG was not a new cause of action but a formal addition of declaratory relief based on existing pleaded grounds. The State Respondents were on notice of the relevant issues from the outset, and no prejudice would arise from permitting the amendment. The statutory time limits did not preclude the amendment as no new grounds or parties were being added. The interests of justice required that the amendment be allowed.

Citation
[2022] IECA 126
Parties
Appellants: North Westmeath Turbine Action Group and North Westmeath Turbine Action Group Company Limited by Guarantee; Respondents: An Bord Pleanála, Ireland and the Attorney General; Notice Parties: Westmeath County Council, Coole Windfarm Limited, Greenwire Limited/Greenwire Windfarms Limited
Jurisdiction
Ireland
Judgment Date
01 June 2022
Procedural Posture
Judicial Review Appeal / Appeal From High Court Orders Striking Out Proceedings Against State Respondents and Refusing Amendment to Add Declaratory Relief
Outcome
Appeal allowed; High Court orders set aside
Legal Topics
Judicial Review Procedure, Amendment of Pleadings, Transposition of EU Directives, Environmental Impact Assessment, Habitats Directive, Planning and Development Act, Standing and Parties in Judicial Review
Administrative Law Planning Law Environmental Law EU Law Judicial Review Procedure Amendment of Pleadings Transposition of EU Directives Environmental Impact Assessment +3 more

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Parties

North Westmeath Turbine Action Group and North Westmeath Turbine Action Group Company Limited by Guarantee

Appellants

An Bord Pleanála, Ireland and the Attorney General

Respondents

Westmeath County Council, Coole Windfarm Limited, Greenwire Limited/Greenwire Windfarms Limited

Notice Parties

Procedural Posture

Judicial Review Appeal / Appeal From High Court Orders Striking Out Proceedings Against State Respondents and Refusing Amendment to Add Declaratory Relief

Legal Issues

  1. 1 Whether the High Court erred in striking out proceedings against the State Respondents for failure to seek relief against them
  2. 2 Whether the High Court erred in refusing to permit amendment to add declaratory relief against the State Respondents
  3. 3 Whether the amendment amounted to a new cause of action or was merely formal

Ratio Decidendi

The High Court erred in addressing the strike-out application before the amendment application and in refusing the amendment. The amendment sought by NWTAG was not a new cause of action but a formal addition of declaratory relief based on existing pleaded grounds. The State Respondents were on notice of the relevant issues from the outset, and no prejudice would arise from permitting the amendment. The statutory time limits did not preclude the amendment as no new grounds or parties were being added. The interests of justice required that the amendment be allowed.

Court Disposition

Appeal allowed; High Court orders set aside

Orders

  • Order striking out proceedings against State Respondents set aside
  • Order refusing amendment to add declaratory relief against State Respondents set aside