Hynes v. An Bord Pleanala [1997] IEHC 182 (10th December, 1997)

Hynes v. An Bord Pleanala [1997] IEHC 182 (10th December, 1997)

Leave to apply for judicial review is granted on grounds relating to the validity of the planning application due to the involvement of the Corporation as landowner; no substantial grounds are established regarding the Board's conduct of the appeal or refusal to hold an oral hearing.

Citation
[1997] IEHC 182
Parties
Applicant: Applicant; First Respondent: An Bord Pleanala; Second Respondent: Developer; Third Respondent: Galway Corporation; Notice Party: Ireland and the Attorney General
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Application for Leave to Apply for Judicial Review
Outcome
Leave to apply for judicial review granted in part; refused in part.
Legal Topics
Judicial Review, Planning Permission, Material Contravention, Local Authority Consent, Constitutionality of Statutes
Administrative Law Planning Law Constitutional Law Judicial Review Planning Permission Material Contravention Local Authority Consent Constitutionality of Statutes

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Parties

Applicant

Applicant

An Bord Pleanala

First Respondent

Developer

Second Respondent

Galway Corporation

Third Respondent

Ireland and the Attorney General

Notice Party

Procedural Posture

Judicial Review / Application for Leave to Apply for Judicial Review

Legal Issues

  1. 1 Whether the planning application was valid given the developer's interest in the land
  2. 2 Whether the Board's decision to grant planning permission was invalid
  3. 3 Whether the Board acted unreasonably in refusing an oral hearing

Ratio Decidendi

Leave to apply for judicial review is granted on grounds relating to the validity of the planning application due to the involvement of the Corporation as landowner; no substantial grounds are established regarding the Board's conduct of the appeal or refusal to hold an oral hearing.

Court Disposition

Leave to apply for judicial review granted in part; refused in part.

Orders

  • Leave granted to apply for judicial review on grounds relating to validity of the planning application (grounds N(i)-(xxv)).
  • Leave refused on grounds relating to conduct of appeal and oral hearing (grounds N(xxvi)-(xxxxv)).