McCoy & Anor -v- Shillelagh Quarries Ltd & Ors [2015] IECA 28 (19 February 2015)

McCoy & Anor -v- Shillelagh Quarries Ltd & Ors [2015] IECA 28 (19 February 2015)

Section 4(1)(a) of the Environment (Miscellaneous Provisions) Act 2011 applies disjunctively to proceedings for enforcement of statutory requirements, not limited to conditions attached to planning permissions, so the High Court had jurisdiction to make a protective costs order; such an order may be made at an early stage, and while fuller evidence of means is preferable, its absence is not fatal where not disputed.

Citation
[2015] IECA 28
Parties
Applicant/respondent: Michael McCoy; Applicant/respondent: South Dublin County Council; Respondent/appellant: Shillelagh Quarries Limited; Respondent/appellant: John Murphy; Respondent/appellant: Declan Murphy; Respondent/appellant: Thomas Murphy; Respondent/appellant: Sandra Murphy; Respondent/appellant: Joan Murphy
Jurisdiction
Ireland
Judgment Date
19 February 2015
Procedural Posture
Appeal / Judgment on Appeal From High Court Regarding Protective Costs Order
Outcome
Appeal dismissed
Legal Topics
Protective Costs Orders, Planning Permission, Statutory Interpretation, Access to Justice, Aarhus Convention
Environmental Law Administrative Law Civil Procedure Protective Costs Orders Planning Permission Statutory Interpretation Access to Justice Aarhus Convention

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Parties

Michael McCoy

Applicant/respondent

South Dublin County Council

Applicant/respondent

Shillelagh Quarries Limited

Respondent/appellant

John Murphy

Respondent/appellant

Declan Murphy

Respondent/appellant

Thomas Murphy

Respondent/appellant

Sandra Murphy

Respondent/appellant

Joan Murphy

Respondent/appellant

Procedural Posture

Appeal / Judgment on Appeal From High Court Regarding Protective Costs Order

Legal Issues

  1. 1 Whether s. 4(1) of the Environment (Miscellaneous Provisions) Act 2011 applies to proceedings for enforcement of statutory planning requirements absent a positive planning decision
  2. 2 Whether the High Court had jurisdiction to make a protective costs order at the stage it did
  3. 3 Whether the applicant's evidence on means and fee arrangements was sufficient for a protective costs order

Ratio Decidendi

Section 4(1)(a) of the Environment (Miscellaneous Provisions) Act 2011 applies disjunctively to proceedings for enforcement of statutory requirements, not limited to conditions attached to planning permissions, so the High Court had jurisdiction to make a protective costs order; such an order may be made at an early stage, and while fuller evidence of means is preferable, its absence is not fatal where not disputed.

Court Disposition

Appeal dismissed

Orders

  • Protective costs order affirmed in favour of applicant
  • High Court's jurisdiction to make protective costs order confirmed