Eileen Stack Shanahan & Anor v Ireland & The Attorney General & Ors [2013] IEHC 348 (19 July 2013)

Eileen Stack Shanahan & Anor v Ireland & The Attorney General & Ors [2013] IEHC 348 (19 July 2013)

The application for leave to appeal was refused because the points raised either did not arise from the judgment, were not argued at first instance, or were decided on the basis of well-established legal principles. No point of law of exceptional public importance was identified.

Citation
[2013] IEHC 348
Parties
Applicant: Eileen Stack Shanahan; Applicant: Gerard Sheehan; Respondent: Ireland; Respondent: The Attorney General; Respondent: An Bord Pleanala; Respondent: The Minister for the Environment, Community and Local Government; Respondent: The Minister for Arts, Heritage and the Gaeltacht; Respondent: Cork County Council; Respondent: The National Roads Authority; Notice Party: Peter Sweetman
Jurisdiction
Ireland
Judgment Date
19 July 2013
Procedural Posture
Judicial Review / Application for Leave to Appeal High Court Decision
Outcome
Leave to appeal refused
Legal Topics
Environmental Impact Assessment, Planning and Development, Judicial Review, Costs in Litigation, Aarhus Convention, EU Directives, Access to Justice
Administrative Law Environmental Law Constitutional Law European Union Law Environmental Impact Assessment Planning and Development Judicial Review Costs in Litigation +3 more

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Parties

Eileen Stack Shanahan

Applicant

Gerard Sheehan

Applicant

Ireland

Respondent

The Attorney General

Respondent

An Bord Pleanala

Respondent

The Minister for the Environment, Community and Local Government

Respondent

The Minister for Arts, Heritage and the Gaeltacht

Respondent

Cork County Council

Respondent

The National Roads Authority

Respondent

Peter Sweetman

Notice Party

Procedural Posture

Judicial Review / Application for Leave to Appeal High Court Decision

Legal Issues

  1. 1 Whether the Board conducted an environmental impact assessment in compliance with the EIA Directive and the Planning and Development Act
  2. 2 Whether the Board must record its environmental impact assessment to enable review
  3. 3 Whether section 50B of the Planning and Development Act properly implements obligations under the Aarhus Convention and EU law

Ratio Decidendi

The application for leave to appeal was refused because the points raised either did not arise from the judgment, were not argued at first instance, or were decided on the basis of well-established legal principles. No point of law of exceptional public importance was identified.

Court Disposition

Leave to appeal refused