Stack v. Kerry County Council [2000] IEHC 192 (11th July, 2000)

Stack v. Kerry County Council [2000] IEHC 192 (11th July, 2000)

The applicants established substantial grounds for judicial review on the basis that the Board failed to notify them of its reliance on a prior decision for an adjoining site and did not invite submissions, breaching Section 13(2) of the 1992 Act and principles of natural justice. There was also substance in the...

Source-derived case information.

Citation
[2000] IEHC 192
Parties
Applicant: Tom and Ann Stack; Respondent: An Bord Pleanála; Notice Party: Michael McKiernan
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Application for Leave
Outcome
Leave to apply for judicial review granted on specified grounds.
Legal Topics
Judicial Review, Planning Permission, Natural Justice, Reasons for Decisions
Administrative Law Planning Law Judicial Review Planning Permission Natural Justice Reasons for Decisions

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Summary, issues, holding and outcome

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Parties

Tom and Ann Stack

Applicant

An Bord Pleanála

Respondent

Michael McKiernan

Notice Party

Procedural Posture

Judicial Review / Application for Leave

Legal Issues

  1. 1 Whether An Bord Pleanála breached statutory obligations under Section 13(2) of the Local Government (Planning and Development) Act 1992 by failing to notify the applicants of reliance on prior decisions and to invite submissions.
  2. 2 Whether the failure to notify amounted to a breach of natural and constitutional justice.
  3. 3 Whether the Board failed to provide adequate reasons for its decision.

Ratio Decidendi

The applicants established substantial grounds for judicial review on the basis that the Board failed to notify them of its reliance on a prior decision for an adjoining site and did not invite submissions, breaching Section 13(2) of the 1992 Act and principles of natural justice. There was also substance in the argument that the Board failed to provide adequate reasons for its decision.

Court Disposition

Leave to apply for judicial review granted on specified grounds.

Orders

  • Leave granted to apply for judicial review on grounds E(i), E(ii), and E(v).