Martin v. An Bord Pleananla [2002] IEHC 82 (24 July 2002)

Martin v. An Bord Pleananla [2002] IEHC 82 (24 July 2002)

The application for a stay is refused because the applicant has not demonstrated that damages would be inadequate or that the balance of convenience favours granting a stay. The established Campus Oil principles apply, and the applicant's undertaking as to damages is insufficient. The public interest in the efficient operation of statutory planning procedures and the absence of overwhelming considerations to suspend domestic law pending trial further support refusal of the stay.

Citation
[2002] IEHC 82
Parties
Applicant: Eric Martin; First Named Respondent: An Bord Pleanála; Second Named Respondents: Ireland and the Attorney General; Notice Party: Indaver Ireland Limited
Jurisdiction
Ireland
Judgment Date
24 July 2002
Procedural Posture
Judicial Review / Application for Interlocutory Stay Pending Trial
Outcome
Application for stay refused
Legal Topics
Environmental Impact Assessment, Planning Permission, Transposition of EU Directives, Judicial Review, Interlocutory Relief
Administrative Law Environmental Law European Union Law Environmental Impact Assessment Planning Permission Transposition of EU Directives Judicial Review Interlocutory Relief

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Parties

Eric Martin

Applicant

An Bord Pleanála

First Named Respondent

Ireland and the Attorney General

Second Named Respondents

Indaver Ireland Limited

Notice Party

Procedural Posture

Judicial Review / Application for Interlocutory Stay Pending Trial

Legal Issues

  1. 1 Whether the Irish statutory procedures for environmental impact assessment and planning permission comply with relevant EU directives
  2. 2 Whether a stay should be granted on the planning appeal process pending determination of the judicial review

Ratio Decidendi

The application for a stay is refused because the applicant has not demonstrated that damages would be inadequate or that the balance of convenience favours granting a stay. The established Campus Oil principles apply, and the applicant's undertaking as to damages is insufficient. The public interest in the efficient operation of statutory planning procedures and the absence of overwhelming considerations to suspend domestic law pending trial further support refusal of the stay.

Court Disposition

Application for stay refused

Orders

  • Refusal of interlocutory stay pending trial