Diamrem Ltd v Cliffs of Moher Visitors Centre Ltd & Anor (Approved) [2023] IECA 235 (04 October 2023)

Diamrem Ltd v Cliffs of Moher Visitors Centre Ltd & Anor (Approved) [2023] IECA 235 (04 October 2023)

The proceedings fall within s. 4(1)(a) and (b) of the 2011 Act as they were instituted for the purpose of ensuring compliance with conditions attached to a planning permission and relate to contravention of such permission. The appellant made out a stateable argument that the alleged contravention caused adverse effects on soil, land, and biological diversity, meeting the 'damage to the environment' requirement. Therefore, s. 3 applies and each party must bear its own costs.

Citation
[2023] IECA 235
Parties
Applicant/appellant: Diamrem Limited; Respondent: Cliffs of Moher Visitors Centre Limited; Respondent: Clare County Council
Jurisdiction
Ireland
Judgment Date
04 October 2023
Procedural Posture
Appeal (costs Ruling) / Post Judgment, Costs Determination
Outcome
Each party shall bear its own costs of the appeal. Respondents to pay appellant's costs of written submissions on costs.
Legal Topics
Costs in Environmental Litigation, Interpretation of Environment (miscellaneous Provisions) Act 2011, Application of Aarhus Convention NPE Rule, Section 160 Planning and Development Act 2000 Proceedings
Environmental Law Planning Law Civil Procedure Costs in Environmental Litigation Interpretation of Environment (miscellaneous Provisions) Act 2011 Application of Aarhus Convention NPE Rule Section 160 Planning and Development Act 2000 Proceedings

Case Brief

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Parties

Diamrem Limited

Applicant/appellant

Cliffs of Moher Visitors Centre Limited

Respondent

Clare County Council

Respondent

Procedural Posture

Appeal (costs Ruling) / Post Judgment, Costs Determination

Legal Issues

  1. 1 Whether s. 3 of the Environment (Miscellaneous Provisions) Act 2011 applies to these proceedings, displacing the usual rule that costs follow the event
  2. 2 Whether the proceedings fall within s. 4(1)(a) or (b) of the 2011 Act
  3. 3 Whether the 'damage to the environment' requirement in s. 4(1) is met

Ratio Decidendi

The proceedings fall within s. 4(1)(a) and (b) of the 2011 Act as they were instituted for the purpose of ensuring compliance with conditions attached to a planning permission and relate to contravention of such permission. The appellant made out a stateable argument that the alleged contravention caused adverse effects on soil, land, and biological diversity, meeting the 'damage to the environment' requirement. Therefore, s. 3 applies and each party must bear its own costs.

Court Disposition

Each party shall bear its own costs of the appeal. Respondents to pay appellant's costs of written submissions on costs.

Orders

  • Each party to bear its own costs of the appeal.
  • Respondents to pay appellant's costs of written submissions on costs.