Clonres CLG v The Minister for Culture, Heritage and the Gaeltacht & ors (Approved) [2020] IEHC 353 (16 July 2020)

Clonres CLG v The Minister for Culture, Heritage and the Gaeltacht & ors (Approved) [2020] IEHC 353 (16 July 2020)

Clonres' proceedings are out of time as they challenge the Minister's non-designation of St. Paul's site as an SPA, which occurred in 2009/2010 or was confirmed in August 2018. No good and sufficient reason was provided for the delay, and the circumstances leading to the delay were not outside Clonres' control. The Minister is not under a continuing obligation exempt from time limits. Extension of time is refused.

Citation
[2020] IEHC 353
Parties
Plaintiff: Clonres Ltd.; First Defendant: Minister for Culture, Heritage and the Gaeltacht; Second and Third Defendants: State Defendants; Fourth Defendant: Crekav
Jurisdiction
Ireland
Judgment Date
16 July 2020
Procedural Posture
Plenary Proceedings (public Law/judicial Review in Substance) / High Court Judgment on Motion to Strike Out and Application to Extend Time
Outcome
Claim struck out as out of time; extension of time refused.
Legal Topics
Judicial Review, Time Limits, Mandamus, Special Protection Areas (spa), Birds Directive, Planning Permission, Extension of Time
Administrative Law Environmental Law European Law Judicial Review Time Limits Mandamus Special Protection Areas (spa) Birds Directive +2 more

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Parties

Clonres Ltd.

Plaintiff

Minister for Culture, Heritage and the Gaeltacht

First Defendant

State Defendants

Second and Third Defendants

Crekav

Fourth Defendant

Procedural Posture

Plenary Proceedings (public Law/judicial Review in Substance) / High Court Judgment on Motion to Strike Out and Application to Extend Time

Legal Issues

  1. 1 Whether Clonres' proceedings challenging the Minister's failure to designate St. Paul's site as an SPA are out of time under Order 84, rule 21(1)
  2. 2 Whether the Minister is under a continuing obligation to designate SPAs exempt from time limits
  3. 3 Whether Clonres is entitled to an extension of time to bring proceedings

Ratio Decidendi

Clonres' proceedings are out of time as they challenge the Minister's non-designation of St. Paul's site as an SPA, which occurred in 2009/2010 or was confirmed in August 2018. No good and sufficient reason was provided for the delay, and the circumstances leading to the delay were not outside Clonres' control. The Minister is not under a continuing obligation exempt from time limits. Extension of time is refused.

Court Disposition

Claim struck out as out of time; extension of time refused.

Orders

  • Proceedings against the State Defendants dismissed.
  • Application to amend Plenary Summons and Statement of Claim refused.