Save the South Leinster Way and Tara Heavey v An Bord Pleanala (Approved) [2024] IESC 55 (05 December 2024)

Save the South Leinster Way and Tara Heavey v An Bord Pleanala (Approved) [2024] IESC 55 (05 December 2024)

The Supreme Court held that, in the absence of express statutory exclusion, the common law presumption applies: where the last day of a statutory time limit for bringing judicial review proceedings falls on a day when the court offices are closed, the period extends to the next day the offices are open. The...

Source-derived case information.

Citation
[2024] IESC 55
Parties
Appellants: Save the South Leinster Way and Tara Heavey; Respondent: An Bord Pleanála; Respondents: The Minister for Housing, Local Government and Heritage, Ireland and the Attorney General; Notice Party: Springfield Renewables Ltd
Jurisdiction
Ireland
Judgment Date
05 December 2024
Procedural Posture
Appeal From High Court (judicial Review) / Supreme Court Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Judicial Review Time Limits, Computation of Statutory Deadlines, Access to Justice Under EU Law, Planning and Development Act 2000, Aarhus Convention, Environmental Impact Assessment, Rules of Court and Statutory Construction
Administrative Law Planning Law Environmental Law Statutory Interpretation Judicial Review Time Limits Computation of Statutory Deadlines Access to Justice Under EU Law Planning and Development Act 2000 +3 more

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Summary, issues, holding and outcome

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Parties

Save the South Leinster Way and Tara Heavey

Appellants

An Bord Pleanála

Respondent

The Minister for Housing, Local Government and Heritage, Ireland and the Attorney General

Respondents

Springfield Renewables Ltd

Notice Party

Procedural Posture

Appeal From High Court (judicial Review) / Supreme Court Judgment on Appeal

Legal Issues

  1. 1 Whether the statutory eight-week time limit for judicial review of planning decisions under s. 50(6) of the Planning and Development Act 2000 is extended to the next working day if it expires on a non-working day for court offices
  2. 2 Whether there is a common law or statutory presumption extending such time limits
  3. 3 Whether an extension of time should be granted under s. 50(8) in the circumstances of this case, particularly where EU law rights are engaged

Ratio Decidendi

The Supreme Court held that, in the absence of express statutory exclusion, the common law presumption applies: where the last day of a statutory time limit for bringing judicial review proceedings falls on a day when the court offices are closed, the period extends to the next day the offices are open. The eight-week period under s. 50(6) of the Planning and Development Act 2000 is therefore construed as expiring on the next working day if the last day falls on a weekend or public holiday. The High Court erred in holding otherwise. The appellants' application was thus in time, and there was no need to consider extension under s. 50(8).

Court Disposition

Appeal allowed

Orders

  • High Court order dismissing proceedings set aside
  • Appellants' application for leave to apply for judicial review deemed in time