Begley & Anor v. An Bord Pleanala [2003] IEHC 137 (23 May 2003)

Begley & Anor v. An Bord Pleanala [2003] IEHC 137 (23 May 2003)

The court held that neither of the points identified by the applicants involved a point of law of exceptional public importance or were desirable in the public interest for appeal, as the issues were specific to the facts and statutory interpretation in this case.

Citation
[2003] IEHC 137
Parties
Applicant: Roy Begley; Applicant: Gerard Clarke; Respondent: An Bord Pleanála; Notice Party: South Dublin County Council; Notice Party: Patrick White; Notice Party: Síle Ní Shé; Notice Party: Margaret Boyle; Notice Party: Sheila Lynch; Notice Party: Mary Murchan; Notice Party: Máire Mullarney; Notice Party: Tom Shaw; Notice Party: Kate Shaw; Notice Party: An Taisce
Jurisdiction
Ireland
Judgment Date
23 May 2003
Procedural Posture
Judicial Review / Application for Certificate for Leave to Appeal to Supreme Court
Outcome
Application for certificate for leave to appeal refused
Legal Topics
Protected Structures, Judicial Review Procedure, Leave to Appeal, Exceptional Public Importance
Planning Law Administrative Law Protected Structures Judicial Review Procedure Leave to Appeal Exceptional Public Importance

Case Brief

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Parties

Roy Begley

Applicant

Gerard Clarke

Applicant

An Bord Pleanála

Respondent

South Dublin County Council

Notice Party

Patrick White

Notice Party

Síle Ní Shé

Notice Party

Margaret Boyle

Notice Party

Sheila Lynch

Notice Party

Mary Murchan

Notice Party

Máire Mullarney

Notice Party

Tom Shaw

Notice Party

Kate Shaw

Notice Party

An Taisce

Notice Party

Procedural Posture

Judicial Review / Application for Certificate for Leave to Appeal to Supreme Court

Legal Issues

  1. 1 Whether the addition of 'specified elements' to the record of protected structures includes land within the curtilage and all structures and features therein under the Planning Acts
  2. 2 Whether the court on an application for leave to apply for judicial review can make findings of fact or is confined to assessing the grounds advanced

Ratio Decidendi

The court held that neither of the points identified by the applicants involved a point of law of exceptional public importance or were desirable in the public interest for appeal, as the issues were specific to the facts and statutory interpretation in this case.

Court Disposition

Application for certificate for leave to appeal refused

Orders

  • Refusal of certificate for leave to appeal to the Supreme Court