Byrne v An Bord Pleanala & Anor (Approved) [2025] IEHC 222 (29 April 2025)

Byrne v An Bord Pleanala & Anor (Approved) [2025] IEHC 222 (29 April 2025)

In the interests of justice, and considering the applicant's status as a litigant in person and the explanation provided for delay, the court allows the amendments to the Statement of Grounds, without prejudice to the respondents' right to challenge them at the substantive leave hearing.

Citation
[2025] IEHC 222
Parties
Applicant: Patrick Byrne; First Named Respondent: An Bord Pleanála; Second Named Respondent: Cork County Council
Jurisdiction
Ireland
Judgment Date
29 April 2025
Procedural Posture
Judicial Review / Application to Amend Statement of Grounds Prior to Leave Hearing
Outcome
Application to amend Statement of Grounds allowed
Legal Topics
Amendment of Pleadings, Judicial Review Procedure, Planning and Development Act Compliance, Litigant in Person Latitude
Administrative Law Planning Law Amendment of Pleadings Judicial Review Procedure Planning and Development Act Compliance Litigant in Person Latitude

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Parties

Patrick Byrne

Applicant

An Bord Pleanála

First Named Respondent

Cork County Council

Second Named Respondent

Procedural Posture

Judicial Review / Application to Amend Statement of Grounds Prior to Leave Hearing

Legal Issues

  1. 1 Whether the applicant should be permitted to amend the Statement of Grounds in judicial review proceedings
  2. 2 Whether the proposed amendments introduce new grounds or merely clarify existing ones
  3. 3 Whether the applicant has provided sufficient explanation for delay in seeking amendment

Ratio Decidendi

In the interests of justice, and considering the applicant's status as a litigant in person and the explanation provided for delay, the court allows the amendments to the Statement of Grounds, without prejudice to the respondents' right to challenge them at the substantive leave hearing.

Court Disposition

Application to amend Statement of Grounds allowed

Orders

  • Amendments to Statement of Grounds permitted
  • Matter to proceed to substantive leave hearing including amendments