Callaghan -v- An Bord Pleanala & ors [2016] IEHC 488 (21 July 2016)

Callaghan -v- An Bord Pleanala & ors [2016] IEHC 488 (21 July 2016)

Greater risk of injustice lies in continuation of stay; commercial prejudice to notice parties outweighs inconvenience to applicant, who can pursue further judicial review if successful in Court of Appeal; stay set aside to permit processing of planning application but remains operative to prevent Bord from making a decision until Court of Appeal ruling.

Citation
[2016] IEHC 488
Parties
Applicant: John Callaghan; First Named Respondent: An Bord Pleanála; Second Named Respondent: Ireland and Attorney General; Notice Party: North Meath Wind Farm Limited; Notice Party: Element Power Ireland Limited
Jurisdiction
Ireland
Judgment Date
21 July 2016
Procedural Posture
Judicial Review / Application to Set Aside Stay
Outcome
Stay partially set aside
Legal Topics
Strategic Infrastructure Development, Public Participation, EU Directives, Planning Permission, Interlocutory Relief
Administrative Law Planning Law Environmental Law Strategic Infrastructure Development Public Participation EU Directives Planning Permission Interlocutory Relief

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Parties

John Callaghan

Applicant

An Bord Pleanála

First Named Respondent

Ireland and Attorney General

Second Named Respondent

North Meath Wind Farm Limited

Notice Party

Element Power Ireland Limited

Notice Party

Procedural Posture

Judicial Review / Application to Set Aside Stay

Legal Issues

  1. 1 Whether stay restraining An Bord Pleanála from acting on SID decision should be set aside
  2. 2 Balance of convenience and risk of injustice between parties
  3. 3 Adequacy of damages

Ratio Decidendi

Greater risk of injustice lies in continuation of stay; commercial prejudice to notice parties outweighs inconvenience to applicant, who can pursue further judicial review if successful in Court of Appeal; stay set aside to permit processing of planning application but remains operative to prevent Bord from making a decision until Court of Appeal ruling.

Court Disposition

Stay partially set aside

Orders

  • Notice parties permitted to submit planning application to Bord and Bord may process application
  • Stay remains operative to preclude Bord from making a decision on application