Arklow Holidays Ltd v An Bord Pleanala & ors [2011] IESC 29 (21 July 2011)

Arklow Holidays Ltd v An Bord Pleanala & ors [2011] IESC 29 (21 July 2011)

The Supreme Court held that the rule in Henderson v Henderson applies to judicial review in planning law, including two-stage processes, to prevent relitigation of issues that could have been raised in earlier proceedings. The applicant had the opportunity to raise all relevant grounds in the 1999 judicial review but failed to do so without special circumstances. The application of the rule does not breach EU law principles of equivalence or effectiveness, nor does it violate Article 6 ECHR. No basis existed for a reference under Article 267 TFEU. The appeal was dismissed and the High Court order affirmed.

Citation
[2011] IESC 29
Parties
Applicant/appellant: Arklow Holidays Limited; Respondent: An Bord Pleanála; Respondent: Ireland and the Attorney General; Notice Party: Wicklow County Council; Notice Party: Arklow Urban District Council; Notice Party: Seabank and District Residents Association; Notice Party: Arklow Action Group; Notice Party: Wicklow Planning Alliance; Notice Party: An Taisce; Notice Party: Arklow Caravan Park Residents Association; Notice Party: Coastwatch Europe; Notice Party: P. J. Hynes; Notice Party: Brendan Hynes
Jurisdiction
Ireland
Judgment Date
21 July 2011
Procedural Posture
Judicial Review (planning Law) / Supreme Court Appeal From High Court Refusal of Judicial Review
Outcome
Appeal dismissed; High Court order affirmed
Legal Topics
Res Judicata, Henderson V Henderson Rule, Estoppel in Public Law, Environmental Impact Assessment, Waste Management Act 1996, Planning Permission, EU Directives, Procedural Law, Public Participation, Article 6 ECHR
Administrative Law Planning and Environmental Law European Union Law Res Judicata Henderson V Henderson Rule Estoppel in Public Law Environmental Impact Assessment Waste Management Act 1996 +5 more

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Parties

Arklow Holidays Limited

Applicant/appellant

An Bord Pleanála

Respondent

Ireland and the Attorney General

Respondent

Wicklow County Council

Notice Party

Arklow Urban District Council

Notice Party

Seabank and District Residents Association

Notice Party

Arklow Action Group

Notice Party

Wicklow Planning Alliance

Notice Party

An Taisce

Notice Party

Arklow Caravan Park Residents Association

Notice Party

Coastwatch Europe

Notice Party

P. J. Hynes

Notice Party

Brendan Hynes

Notice Party

Procedural Posture

Judicial Review (planning Law) / Supreme Court Appeal From High Court Refusal of Judicial Review

Legal Issues

  1. 1 Whether the rule in Henderson v Henderson precludes a first and timely judicial review challenge to a planning decision where the substantive point could have been raised in earlier proceedings
  2. 2 Whether the court must consider public importance, conduct of parties, and EU law obligations in applying Henderson v Henderson in planning judicial review

Ratio Decidendi

The Supreme Court held that the rule in Henderson v Henderson applies to judicial review in planning law, including two-stage processes, to prevent relitigation of issues that could have been raised in earlier proceedings. The applicant had the opportunity to raise all relevant grounds in the 1999 judicial review but failed to do so without special circumstances. The application of the rule does not breach EU law principles of equivalence or effectiveness, nor does it violate Article 6 ECHR. No basis existed for a reference under Article 267 TFEU. The appeal was dismissed and the High Court order affirmed.

Court Disposition

Appeal dismissed; High Court order affirmed

Orders

  • Application for judicial review refused
  • No order for Article 267 TFEU reference