Save the South Leinster Way and Tara Heavey v An Bord Pleanala (Approved) [2024] IESC 55 (05 December 2024)

Save the South Leinster Way and Tara Heavey v An Bord Pleanala (Approved) [2024] IESC 55 (05 December 2024)

The statutory eight-week period for bringing judicial review proceedings under s. 50(6) of the Planning and Development Act 2000 is to be interpreted in light of the Rules of Court, so that if the last day falls on a day when the court offices are closed, the period is extended to the next day the offices are open, as the statute expressly requires proceedings to be brought in accordance with Order 84 of the Rules of the Superior Courts.

Citation
[2024] IESC 55
Parties
Applicants/appellants: Save the South Leinster Way and Tara Heavey; Defendant/respondent: An Bord Pleanála; Defendant/respondent: The Minister for Housing, Local Government and Heritage Ireland; Defendant/respondent: The Attorney General; Notice Party/respondent: Springfield Renewables Ltd
Jurisdiction
Ireland
Judgment Date
05 December 2024
Procedural Posture
Judicial Review Appeal / Supreme Court Judgment
Outcome
appeal allowed
Legal Topics
Limitation Periods, Judicial Review, Court Procedure, Statutory Construction
Administrative Law Planning Law Statutory Interpretation Limitation Periods Judicial Review Court Procedure Statutory Construction

Case Brief

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Parties

Save the South Leinster Way and Tara Heavey

Applicants/appellants

An Bord Pleanála

Defendant/respondent

The Minister for Housing, Local Government and Heritage Ireland

Defendant/respondent

The Attorney General

Defendant/respondent

Springfield Renewables Ltd

Notice Party/respondent

Procedural Posture

Judicial Review Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the statutory eight-week limitation period for judicial review under s. 50(6) of the Planning and Development Act 2000 is extended when the last day falls on a day the court offices are closed
  2. 2 Whether the Rules of Court (Order 122 r. 3) are incorporated into the statutory limitation period for such proceedings

Ratio Decidendi

The statutory eight-week period for bringing judicial review proceedings under s. 50(6) of the Planning and Development Act 2000 is to be interpreted in light of the Rules of Court, so that if the last day falls on a day when the court offices are closed, the period is extended to the next day the offices are open, as the statute expressly requires proceedings to be brought in accordance with Order 84 of the Rules of the Superior Courts.

Court Disposition

appeal allowed

Orders

  • The appeal is allowed.