Marshall & Anor v. Arklow Town Council [2004] IEHC 117 (30 June 2004)

Marshall & Anor v. Arklow Town Council [2004] IEHC 117 (30 June 2004)

The applicants demonstrated good and sufficient reason for extension as they did not see the site notice and acted promptly upon discovery; the delay was accounted for by the Easter vacation. Extension of time is granted up to the date of filing.

Citation
[2004] IEHC 117
Parties
Applicant: Alan Marshall; Applicant: Carol Marshall; Respondent: Arklow Town Council; Notice Party: Aine Ni Dhonnachar; Notice Party: David Dempsey
Jurisdiction
Ireland
Judgment Date
30 June 2004
Procedural Posture
Judicial Review / Application for Extension of Time to Seek Leave
Outcome
Extension of time granted for commencement of judicial review proceedings.
Legal Topics
Extension of Time, Site Notice Requirements, Judicial Review Procedure
Administrative Law Planning Law Extension of Time Site Notice Requirements Judicial Review Procedure

Case Brief

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Parties

Alan Marshall

Applicant

Carol Marshall

Applicant

Arklow Town Council

Respondent

Aine Ni Dhonnachar

Notice Party

David Dempsey

Notice Party

Procedural Posture

Judicial Review / Application for Extension of Time to Seek Leave

Legal Issues

  1. 1 Whether the applicants are entitled to an extension of time to apply for judicial review under s. 50(4)(a)(iii) of the Planning and Development Act, 2000
  2. 2 Whether the absence or non-observation of a site notice constitutes 'good and sufficient reason' for extension
  3. 3 Whether prejudice to notice parties should prevent extension

Ratio Decidendi

The applicants demonstrated good and sufficient reason for extension as they did not see the site notice and acted promptly upon discovery; the delay was accounted for by the Easter vacation. Extension of time is granted up to the date of filing.

Court Disposition

Extension of time granted for commencement of judicial review proceedings.

Orders

  • Applicants permitted to amend Notice of Motion to seek extension of time.
  • Time for commencement of proceedings extended to 28 April 2004.