Callaghan -v- An Bord Pleanala & ors [2015] IEHC 493 (24 July 2015)

Callaghan -v- An Bord Pleanala & ors [2015] IEHC 493 (24 July 2015)

A certificate for leave to appeal is granted only in respect of the issue whether the statutory scheme requires a right for interested members of the public to be heard prior to An Bord Pleanála's opinion under Section 37A, as this point is of exceptional public importance and legal uncertainty exists; certificates are refused for the other two points as the law is clear and not evolving.

Citation
[2015] IEHC 493
Parties
Applicant: John Callaghan; Respondent: An Bord Pleanála; Respondent: Ireland; Respondent: The Attorney General; Notice Party: Element Power Ireland Limited; Notice Party: Element Power Ireland; Notice Party: North Meath Wind Farm Limited
Jurisdiction
Ireland
Judgment Date
24 July 2015
Procedural Posture
Judicial Review / Application for Certificate for Leave to Appeal
Outcome
Certificate for leave to appeal granted in respect of point (a); refused in respect of points (b) and (c).
Legal Topics
Strategic Infrastructure Development, Fair Procedures, Public Participation, Statutory Interpretation, Judicial Review
Administrative Law Planning Law Environmental Law Strategic Infrastructure Development Fair Procedures Public Participation Statutory Interpretation Judicial Review

Case Brief

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Parties

John Callaghan

Applicant

An Bord Pleanála

Respondent

Ireland

Respondent

The Attorney General

Respondent

Element Power Ireland Limited

Notice Party

Element Power Ireland

Notice Party

North Meath Wind Farm Limited

Notice Party

Procedural Posture

Judicial Review / Application for Certificate for Leave to Appeal

Legal Issues

  1. 1 Whether the statutory scheme requires a right for public participation prior to An Bord Pleanála's opinion under Section 37A
  2. 2 Whether An Bord Pleanála is precluded from revisiting strategic importance at permission stage
  3. 3 Whether the scheme fails to transpose Directive 2011/92 by ensuring effective public participation

Ratio Decidendi

A certificate for leave to appeal is granted only in respect of the issue whether the statutory scheme requires a right for interested members of the public to be heard prior to An Bord Pleanála's opinion under Section 37A, as this point is of exceptional public importance and legal uncertainty exists; certificates are refused for the other two points as the law is clear and not evolving.

Court Disposition

Certificate for leave to appeal granted in respect of point (a); refused in respect of points (b) and (c).

Orders

  • Applicant may appeal on the issue of public participation prior to An Bord Pleanála's opinion under Section 37A.
  • Certificate for leave to appeal refused for remaining grounds.