McCoy & anor -v- Shillelagh Quarries Ltd & ors [2014] IEHC 511 (16 July 2014)

McCoy & anor -v- Shillelagh Quarries Ltd & ors [2014] IEHC 511 (16 July 2014)

A declaration under s.3 of the Environment (Miscellaneous Provisions) Act 2011 is appropriate where the applicant seeks to enforce compliance with planning law in environmental matters, has a reasonable prospect of success, the proceedings concern public environmental interest, and the applicant is of limited means....

Source-derived case information.

Citation
[2014] IEHC 511
Parties
Applicant: Michael McCoy; Applicant: South Dublin County Council; Respondent: Shillelagh Quarries Limited; Respondent: John Murphy; Respondent: Declan Murphy; Respondent: Thomas Murphy; Respondent: Sandra Murphy; Respondent: Joan Murphy
Jurisdiction
Ireland
Judgment Date
16 July 2014
Procedural Posture
Application for Declaration Under Environment (miscellaneous Provisions) Act 2011, S.3 and S.7 / Interlocutory Application Prior to Substantive Trial
Outcome
Declaration granted
Legal Topics
Protective Costs Orders, Access to Justice in Environmental Matters, Planning Enforcement, Interpretation of Environment (miscellaneous Provisions) Act 2011, Aarhus Convention Implementation
Environmental Law Planning Law Civil Procedure Protective Costs Orders Access to Justice in Environmental Matters Planning Enforcement Interpretation of Environment (miscellaneous Provisions) Act 2011 Aarhus Convention Implementation

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Summary, issues, holding and outcome

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Parties

Michael McCoy

Applicant

South Dublin County Council

Applicant

Shillelagh Quarries Limited

Respondent

John Murphy

Respondent

Declan Murphy

Respondent

Thomas Murphy

Respondent

Sandra Murphy

Respondent

Joan Murphy

Respondent

Procedural Posture

Application for Declaration Under Environment (miscellaneous Provisions) Act 2011, S.3 and S.7 / Interlocutory Application Prior to Substantive Trial

Legal Issues

  1. 1 Whether a declaration under s.3 of the Environment (Miscellaneous Provisions) Act 2011 is appropriate in these proceedings
  2. 2 Whether the application is premature
  3. 3 Whether the applicant has a reasonable prospect of success

Ratio Decidendi

A declaration under s.3 of the Environment (Miscellaneous Provisions) Act 2011 is appropriate where the applicant seeks to enforce compliance with planning law in environmental matters, has a reasonable prospect of success, the proceedings concern public environmental interest, and the applicant is of limited means. The timing of the application is not premature, and the joinder of a local authority as co-applicant does not preclude granting the declaration to the individual applicant.

Court Disposition

Declaration granted

Orders

  • Declaration made pursuant to s.3 of the Environment (Miscellaneous Provisions) Act 2011 that each party shall bear their own costs, subject to statutory exceptions.