Payne V Meath County Council, Ireland And The Attorney General (Approved) [2025] IEHC 540 (14 October 2025)

Payne V Meath County Council, Ireland And The Attorney General (Approved) [2025] IEHC 540 (14 October 2025)

The statutory provisions are clear that once the planning authority grants permission and no appeal is lodged within the statutory period, the grant is valid. The existence of both a grant and a subsequent appeal due to judicial review is not addressed by the Act, and the court cannot rewrite the statute to provide...

Source-derived case information.

Citation
[2025] IEHC 540
Parties
Applicant: Kenneth Payne; Respondent: Meath County Council; Respondent: Ireland; Respondent: The Attorney General; Notice Party: Breedon Cement Ireland Limited
Jurisdiction
Ireland
Judgment Date
14 October 2025
Procedural Posture
Judicial Review / Application for Stay Pending Determination of Judicial Review
Outcome
Application for stay refused
Legal Topics
Statutory Interpretation, Planning Permission, Judicial Review, Environmental Impact Assessment, Habitats Directive, Public Law, Balance of Justice, Interlocutory Relief
Planning Law Administrative Law Environmental Law Statutory Interpretation Planning Permission Judicial Review Environmental Impact Assessment Habitats Directive +3 more

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Parties

Kenneth Payne

Applicant

Meath County Council

Respondent

Ireland

Respondent

The Attorney General

Respondent

Breedon Cement Ireland Limited

Notice Party

Procedural Posture

Judicial Review / Application for Stay Pending Determination of Judicial Review

Legal Issues

  1. 1 Whether a stay should be granted on the implementation of planning permission pending determination of judicial review
  2. 2 Whether the existence of both a grant of planning permission and a live appeal is permissible under the Planning and Development Act 2000
  3. 3 Whether the balance of justice favours granting a stay

Ratio Decidendi

The statutory provisions are clear that once the planning authority grants permission and no appeal is lodged within the statutory period, the grant is valid. The existence of both a grant and a subsequent appeal due to judicial review is not addressed by the Act, and the court cannot rewrite the statute to provide for a stay. The applicant failed to provide evidence of harm or breach of EU law, and the balance of justice does not favour granting a stay.

Court Disposition

Application for stay refused

Orders

  • Refusal of application for stay on implementation of planning permission