Rowan -v- Kerry County Council & anor [2016] IEHC 463 (28 July 2016)

Rowan -v- Kerry County Council & anor [2016] IEHC 463 (28 July 2016)

The interests of justice and the public interest would not be served by issuing a certificate now, as it would permit further appeal and prolongation of proceedings. The decision of 5 March 2012 did not involve the point of law sought to be certified, but was based on a finding of fact that the proceedings were not designed to ensure compliance with a condition due to environmental concerns, but rather to advance the applicant's private agenda.

Citation
[2016] IEHC 463
Parties
Applicant/appellant: Michael Rowan; Respondent: Kerry County Council; Notice Party: Timothy Mulvihill
Jurisdiction
Ireland
Judgment Date
28 July 2016
Procedural Posture
Judicial Review / Application for Certificate Under S. 50 A(7) Planning and Development Act 2000
Outcome
Application refused
Legal Topics
Costs in Judicial Review, Certificate for Leave to Appeal, Interpretation of Environment (miscellaneous Provisions) Act 2011
Administrative Law Planning Law Environmental Law Costs in Judicial Review Certificate for Leave to Appeal Interpretation of Environment (miscellaneous Provisions) Act 2011

Case Brief

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Parties

Michael Rowan

Applicant/appellant

Kerry County Council

Respondent

Timothy Mulvihill

Notice Party

Procedural Posture

Judicial Review / Application for Certificate Under S. 50 A(7) Planning and Development Act 2000

Legal Issues

  1. 1 Whether the decision involves a point of law of exceptional public importance
  2. 2 Whether it is desirable in the public interest that an appeal should be taken to the Court of Appeal
  3. 3 Interpretation of ss. 3 and 4 of the Environment (Miscellaneous Provisions) Act 2011

Ratio Decidendi

The interests of justice and the public interest would not be served by issuing a certificate now, as it would permit further appeal and prolongation of proceedings. The decision of 5 March 2012 did not involve the point of law sought to be certified, but was based on a finding of fact that the proceedings were not designed to ensure compliance with a condition due to environmental concerns, but rather to advance the applicant's private agenda.

Court Disposition

Application refused

Orders

  • Refusal to grant certificate under s. 50A(7) Planning and Development Act 2000 permitting appeal to Court of Appeal