Callaghan -v- An Bord Pleanala & ors [2016] IECA 398 (21 December 2016)

Callaghan -v- An Bord Pleanala & ors [2016] IECA 398 (21 December 2016)

The Board's decision under s. 37A(2) to designate a project as strategic infrastructure development is a procedural determination that does not materially or practically affect the rights of third parties in the sense required by constitutional fair procedures. The statutory scheme provides full procedural rights at the substantive planning application stage, and there is no constitutional or statutory obligation to afford third parties a right to be heard before the SID designation. The appeal is dismissed and the certified question is answered in the negative.

Citation
[2016] IECA 398
Parties
Applicant/appellant: John Callaghan; Respondent: An Bord Pleanála; Respondents: Ireland and the Attorney General; Notice Party/respondent: Element Power Ireland Limited; Notice Party/respondent: Element Power Ireland; Notice Party/respondent: North Meath Wind Farm Limited
Jurisdiction
Ireland
Judgment Date
21 December 2016
Procedural Posture
Statutory Appeal Under Planning and Development Act 2000, S. 50 A(7) / Appeal From High Court Decision on Certified Point of Law
Outcome
Appeal dismissed
Legal Topics
Fair Procedures in Planning Process, Right to Be Heard, Strategic Infrastructure Development, Judicial Review, Procedural Rights of Third Parties
Administrative Law Planning Law Constitutional Law Fair Procedures in Planning Process Right to Be Heard Strategic Infrastructure Development Judicial Review Procedural Rights of Third Parties

Case Brief

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Parties

John Callaghan

Applicant/appellant

An Bord Pleanála

Respondent

Ireland and the Attorney General

Respondents

Element Power Ireland Limited

Notice Party/respondent

Element Power Ireland

Notice Party/respondent

North Meath Wind Farm Limited

Notice Party/respondent

Procedural Posture

Statutory Appeal Under Planning and Development Act 2000, S. 50 A(7) / Appeal From High Court Decision on Certified Point of Law

Legal Issues

  1. 1 Whether third party objectors are entitled to be heard before An Bord Pleanála forms an opinion under s. 37A(2) of the Planning and Development Act 2000 (as amended)
  2. 2 Whether the statutory scheme requires or constitutionally obliges such a right to be heard at the SID designation stage
  3. 3 Whether the Board's SID designation decision materially or practically affects third party rights in the Dellway Investments sense

Ratio Decidendi

The Board's decision under s. 37A(2) to designate a project as strategic infrastructure development is a procedural determination that does not materially or practically affect the rights of third parties in the sense required by constitutional fair procedures. The statutory scheme provides full procedural rights at the substantive planning application stage, and there is no constitutional or statutory obligation to afford third parties a right to be heard before the SID designation. The appeal is dismissed and the certified question is answered in the negative.

Court Disposition

Appeal dismissed

Orders

  • Certified question answered in the negative: there is no right for interested members of the public to be heard prior to An Bord Pleanála forming an opinion under s. 37A of the Planning and Development Act 2000.