Sweetnam v. An Bord Pleanala & Ors [2007] IEHC 153 (26 April 2007)

Sweetnam v. An Bord Pleanala & Ors [2007] IEHC 153 (26 April 2007)

The court held that the applicant's pleadings only challenge the costs aspect of judicial review and do not raise a challenge to the adequacy of the form of review under Irish law. The requirement for 'substantial interest' can be interpreted compatibly with the Directive's 'sufficient interest' standard, and the scope of Irish judicial review is sufficient to meet the Directive's requirements. The costs aspect of the Directive is not sufficiently clear to have direct effect. The application is not out of time as time runs from publication of the formal notice, not from any earlier communication. The applicant may seek to amend his pleadings to raise new grounds only if he can show good...

Citation
[2007] IEHC 153
Parties
Applicant: Peter Sweetman; First Respondent: An Bord Pleanála; Second and Third Respondents: Ireland and the Attorney General; Notice Party: Clare County Council
Jurisdiction
Ireland
Judgment Date
26 April 2007
Procedural Posture
Judicial Review / Application for Leave to Seek Judicial Review
Outcome
Leave to seek judicial review refused on grounds not pleaded; applicant given opportunity to apply to amend pleadings to include new grounds if good and sufficient reason is shown.
Legal Topics
Judicial Review, Transposition of EU Directives, Environmental Impact Assessment, Access to Justice, Procedural Law, Costs in Litigation
Administrative Law Environmental Law European Union Law Judicial Review Transposition of EU Directives Environmental Impact Assessment Access to Justice Procedural Law +1 more

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Parties

Peter Sweetman

Applicant

An Bord Pleanála

First Respondent

Ireland and the Attorney General

Second and Third Respondents

Clare County Council

Notice Party

Procedural Posture

Judicial Review / Application for Leave to Seek Judicial Review

Legal Issues

  1. 1 Whether Irish law adequately transposes Article 10a of Directive 85/337/EEC as amended by Directive 2003/35/EC regarding access to judicial review of environmental decisions
  2. 2 Whether the requirement for 'substantial interest' under s.50 of the Planning and Development Act 2000 is compatible with the Directive's 'sufficient interest' standard
  3. 3 Whether the scope of judicial review in Ireland meets the Directive's requirement to challenge the 'substantive or procedural legality' of decisions

Ratio Decidendi

The court held that the applicant's pleadings only challenge the costs aspect of judicial review and do not raise a challenge to the adequacy of the form of review under Irish law. The requirement for 'substantial interest' can be interpreted compatibly with the Directive's 'sufficient interest' standard, and the scope of Irish judicial review is sufficient to meet the Directive's requirements. The costs aspect of the Directive is not sufficiently clear to have direct effect. The application is not out of time as time runs from publication of the formal notice, not from any earlier communication. The applicant may seek to amend his pleadings to raise new grounds only if he can show good...

Court Disposition

Leave to seek judicial review refused on grounds not pleaded; applicant given opportunity to apply to amend pleadings to include new grounds if good and sufficient reason is shown.

Orders

  • Application for leave to seek judicial review on unpleaded grounds refused unless applicant shows good and sufficient reason for amendment outside time.
  • Applicant permitted to bring evidence on whether there is good and sufficient reason to amend pleadings.