Grall v Meath County Council & Ors (Approved) [2024] IEHC 552 (31 July 2024)

Grall v Meath County Council & Ors (Approved) [2024] IEHC 552 (31 July 2024)

The reliefs sought are refused because s.261 registration does not confer development consent, the s.261A process was properly conducted with adequate reasons, binding precedent allows for differing determinations, the applicant was given fair opportunity to make submissions, and the constitutional challenge was inadequately pleaded and lacked locus standi.

Citation
[2024] IEHC 552
Parties
Applicant: Thomas Grall; Respondent: Meath County Council; Respondent: An Bord Pleanála; Respondent: Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
31 July 2024
Procedural Posture
Judicial Review / Final Judgment
Outcome
Reliefs refused; case dismissed.
Legal Topics
Quarry Registration, Environmental Impact Assessment, Legitimate Expectation, Retrospective Enforcement, Natural Justice, Statutory Interpretation
Planning Law Constitutional Law Administrative Law Environmental Law Quarry Registration Environmental Impact Assessment Legitimate Expectation Retrospective Enforcement +2 more

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Parties

Thomas Grall

Applicant

Meath County Council

Respondent

An Bord Pleanála

Respondent

Ireland and the Attorney General

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Meath County Council and An Bord Pleanála erred in determining the quarry was not a pre-1964 development
  2. 2 Whether the s.261 registration confers development consent
  3. 3 Whether the enforcement notice and retrospective extension of enforcement periods are unconstitutional

Ratio Decidendi

The reliefs sought are refused because s.261 registration does not confer development consent, the s.261A process was properly conducted with adequate reasons, binding precedent allows for differing determinations, the applicant was given fair opportunity to make submissions, and the constitutional challenge was inadequately pleaded and lacked locus standi.

Court Disposition

Reliefs refused; case dismissed.

Orders

  • All reliefs sought by Mr Grall are refused.
  • No order quashing the decisions of Meath County Council or An Bord Pleanála.