Malone v GCHL Ltd & Ors (Approved) [2024] IEHC 336 (16 May 2024)

Malone v GCHL Ltd & Ors (Approved) [2024] IEHC 336 (16 May 2024)

Paragraph 5 of the Notice of Motion dated 30 March 2023 is improperly constituted and has no jurisdictional basis under section 160 of the Planning and Development Act 2000 or section 57 of the Waste Management Act 1996. Any challenge to the Agency's processing of a waste licence application must be brought by judicial review under section 43(5) of the 1996 Act and Order 84 RSC 1986. The relief sought is bound to fail and constitutes an abuse of process.

Citation
[2024] IEHC 336
Parties
Applicant: David Malone; First Named Respondent: GCHL Limited; Second Named Respondent: Environmental Protection Agency; First Named Notice Party: Kildare County Council; Second Named Notice Party: Balyna Environmental Action Group
Jurisdiction
Ireland
Judgment Date
16 May 2024
Procedural Posture
Motion to Strike Out Part of Originating Notice of Motion in Statutory Injunction Proceedings / High Court Determination of Agency's Motion to Strike Out Paragraph 5
Outcome
Paragraph 5 of the Notice of Motion dated 30 March 2023 struck out and dismissed as against the Environmental Protection Agency.
Legal Topics
Statutory Injunctions, Waste Licensing, Jurisdiction, Procedural Exclusivity, Judicial Review, EU Law Conformity
Administrative Law Environmental Law Planning Law Statutory Injunctions Waste Licensing Jurisdiction Procedural Exclusivity Judicial Review +1 more

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Parties

David Malone

Applicant

GCHL Limited

First Named Respondent

Environmental Protection Agency

Second Named Respondent

Kildare County Council

First Named Notice Party

Balyna Environmental Action Group

Second Named Notice Party

Procedural Posture

Motion to Strike Out Part of Originating Notice of Motion in Statutory Injunction Proceedings / High Court Determination of Agency's Motion to Strike Out Paragraph 5

Legal Issues

  1. 1 Whether Paragraph 5 of the Notice of Motion seeking to prohibit the Environmental Protection Agency from processing a waste licence application is properly constituted and has jurisdictional basis under section 160 of the Planning and Development Act 2000 and section 57 of the Waste Management Act 1996

Ratio Decidendi

Paragraph 5 of the Notice of Motion dated 30 March 2023 is improperly constituted and has no jurisdictional basis under section 160 of the Planning and Development Act 2000 or section 57 of the Waste Management Act 1996. Any challenge to the Agency's processing of a waste licence application must be brought by judicial review under section 43(5) of the 1996 Act and Order 84 RSC 1986. The relief sought is bound to fail and constitutes an abuse of process.

Court Disposition

Paragraph 5 of the Notice of Motion dated 30 March 2023 struck out and dismissed as against the Environmental Protection Agency.

Orders

  • Order striking out Paragraph 5 from the Notice of Motion dated 30 March 2023 and dismissing this relief as against the Agency.
  • Matter adjourned to 31 May 2024 for ancillary and consequential matters.