Malone v GCHL Ltd and Ors [No. 4] (Approved) [2026] IEHC 118 (19 February 2026)

Malone v GCHL Ltd and Ors [No. 4] (Approved) [2026] IEHC 118 (19 February 2026)

The declarations and orders sought at paragraphs 4, 6, and 8 of the Amended Notice of Motion are refused as they are not available against a private entity under s.160 of the 2000 Act and s.57 of the 1996 Act; damages are not recoverable in such proceedings; and the proposed preliminary reference questions to the CJEU are not appropriate in this context. The court follows the reasoning in Booth v Laois County Council. The matter is to proceed to a substantive hearing on the statutory remedies properly available.

Citation
[2026] IEHC 118
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
19 February 2026
Procedural Posture
Statutory Enforcement/injunction Application Under S.160 Planning and Development Act 2000 and S.57 Waste Management Act 1996 / Interlocutory/preliminary Application—directions for Further Affidavits and Substantive Hearing
Outcome
Declarations and orders sought at paragraphs 4, 6, and 8 of the Amended Notice of Motion refused; directions given for exchange of affidavits and further submissions; matter to proceed to substantive hearing.
Legal Topics
Statutory Injunctions, Implementation of EU Directives, Preliminary Reference (cjeu), Remedies for Unauthorised Development, Access to Justice Under EU Law, Damages for Breach of EU Law, Procedural Autonomy of Member States
Environmental Law Planning Law EU Law Administrative Law Statutory Injunctions Implementation of EU Directives Preliminary Reference (cjeu) Remedies for Unauthorised Development +3 more

Case Brief

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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

Statutory Enforcement/injunction Application Under S.160 Planning and Development Act 2000 and S.57 Waste Management Act 1996 / Interlocutory/preliminary Application—directions for Further Affidavits and Substantive Hearing

Legal Issues

  1. 1 Whether declarations and orders sought at paragraphs 4, 6, and 8 of the Amended Notice of Motion are available against a private entity under s.160 of the 2000 Act and s.57 of the 1996 Act
  2. 2 Whether the High Court should make a preliminary reference to the CJEU under Article 267 TFEU on the questions proposed by the applicant
  3. 3 Whether damages/compensation are available in s.160/s.57 proceedings

Ratio Decidendi

The declarations and orders sought at paragraphs 4, 6, and 8 of the Amended Notice of Motion are refused as they are not available against a private entity under s.160 of the 2000 Act and s.57 of the 1996 Act; damages are not recoverable in such proceedings; and the proposed preliminary reference questions to the CJEU are not appropriate in this context. The court follows the reasoning in Booth v Laois County Council. The matter is to proceed to a substantive hearing on the statutory remedies properly available.

Court Disposition

Declarations and orders sought at paragraphs 4, 6, and 8 of the Amended Notice of Motion refused; directions given for exchange of affidavits and further submissions; matter to proceed to substantive hearing.

Orders

  • Declarations and orders at paragraphs 4, 6, and 8 of the Amended Notice of Motion refused.
  • GCHL Ltd to file replying affidavits within 4 weeks.