Bobby O'Connell & Sons Ltd -v- An Bord Pleanala [2015] IEHC 822 (21 December 2015)

Bobby O'Connell & Sons Ltd -v- An Bord Pleanala [2015] IEHC 822 (21 December 2015)

Substantial grounds exist for judicial review regarding the board's failure to provide a waste water treatment exemption, failure to address a possible reduction in special contribution, and breach of fair procedures in determining operational land; no substantial grounds for double charging or payment timing...

Source-derived case information.

Citation
[2015] IEHC 822
Parties
Applicant: Bobby O’Connell & Sons Limited; Respondent: An Bord Pleanála; Notice Party: Clare County Council; Notice Party: John McNamara; Notice Party: Ruth McNamara; Notice Party: Claire McNamara
Jurisdiction
Ireland
Judgment Date
21 December 2015
Procedural Posture
Judicial Review / Leave Application
Outcome
Leave granted in part; stay granted in part; leave refused in part.
Legal Topics
Development Levies, Fair Procedures, Interpretation of Development Contribution Schemes, Waste Water Treatment Exemption, Special Financial Contribution, Operational Land Definition
Planning Law Administrative Law Development Levies Fair Procedures Interpretation of Development Contribution Schemes Waste Water Treatment Exemption Special Financial Contribution Operational Land Definition

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Parties

Bobby O’Connell & Sons Limited

Applicant

An Bord Pleanála

Respondent

Clare County Council

Notice Party

John McNamara

Notice Party

Ruth McNamara

Notice Party

Claire McNamara

Notice Party

Procedural Posture

Judicial Review / Leave Application

Legal Issues

  1. 1 Whether An Bord Pleanála erred in failing to provide an exemption for waste water treatment on site
  2. 2 Whether there was alleged double charging for development levies
  3. 3 Whether the board failed to consider a concession by the council regarding reduction of special financial contribution

Ratio Decidendi

Substantial grounds exist for judicial review regarding the board's failure to provide a waste water treatment exemption, failure to address a possible reduction in special contribution, and breach of fair procedures in determining operational land; no substantial grounds for double charging or payment timing arguments.

Court Disposition

Leave granted in part; stay granted in part; leave refused in part.

Orders

  • Leave to seek reliefs at para. D1 to D7 on grounds E26 to E28 and E33 to E40.
  • Leave refused on grounds E29 to E32.