Lancefort Ltd. v. An Bord Pleanala [1998] IEHC 199 (12th March, 1998)

Lancefort Ltd. v. An Bord Pleanala [1998] IEHC 199 (12th March, 1998)

The applicant had locus standi to pursue judicial review in planning matters but failed to establish sufficient material interest to challenge the constitutionality of Section 14(8) of the 1976 Act. An Bord Pleanala was not required to record a negative EIA decision for projects below regulatory thresholds, and the inspector's report was not deficient for not including a separate site inspection report. The grounds for certiorari and constitutional relief failed.

Citation
[1998] IEHC 199
Parties
Applicant: Lancefort Limited; First Respondent: An Bord Pleanala; Second and Third Respondents: Ireland and the Attorney General; Notice Party: Treasury Holdings Limited
Jurisdiction
Ireland
Procedural Posture
Judicial Review / High Court Judgment Following Remittal From Supreme Court
Outcome
Application dismissed
Legal Topics
Locus Standi, Environmental Impact Assessment, Judicial Review Procedure, Inspector's Report Requirements, Constitutionality of Statutes
Administrative Law Planning Law Constitutional Law Environmental Law Locus Standi Environmental Impact Assessment Judicial Review Procedure Inspector's Report Requirements +1 more

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Parties

Lancefort Limited

Applicant

An Bord Pleanala

First Respondent

Ireland and the Attorney General

Second and Third Respondents

Treasury Holdings Limited

Notice Party

Procedural Posture

Judicial Review / High Court Judgment Following Remittal From Supreme Court

Legal Issues

  1. 1 Whether the applicant has locus standi to pursue judicial review and to challenge the constitutionality of Section 14(8) of the Local Government (Planning and Development) Act, 1976
  2. 2 Whether An Bord Pleanala failed to consider the requirement for an environmental impact assessment (EIA) as required by law
  3. 3 Whether the inspector's report to An Bord Pleanala was deficient for not including a site inspection report under Section 23 of the 1976 Act

Ratio Decidendi

The applicant had locus standi to pursue judicial review in planning matters but failed to establish sufficient material interest to challenge the constitutionality of Section 14(8) of the 1976 Act. An Bord Pleanala was not required to record a negative EIA decision for projects below regulatory thresholds, and the inspector's report was not deficient for not including a separate site inspection report. The grounds for certiorari and constitutional relief failed.

Court Disposition

Application dismissed

Orders

  • Application for certiorari refused
  • Application for declaration of unconstitutionality refused