Judges ‘inundated’ with challenges to planning decisions

A High Court judge has commented on the pressures on judicial resources due to being "inundated" with lengthy and complex applications seeking permission to bring challenges to planning decisions.

Mr Justice Charles Meenan said some of the leave applications involve a large number of domestic and European law grounds of challenge and would likely require up to half a day to hear. The court "simply does not have the judicial resources" to conduct such hearings, with the earliest available dates in October, he said.

These judicial review challenges enter the courts on an ex-parte basis, where only the applicant is represented, when permission is sought to allow them to proceed further.

As a remedy to the constraints on resources, the court has the option of notifying the respondents (commonly An Bord Pleanála) and notice parties (often a developer) of the leave application so they can make submissions at this early stage, said the judge. However, he said this deprives the respondents of a filtering process provided for by law that allows them to be removed from the proceedings initially, if leave is granted, or at all, if leave is refused.

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Alternatives

The alternatives are reducing the number of points of challenge in a case or setting a court date in late autumn or winter, which “isn’t satisfactory to anybody”, said Mr Justice Meenan.

The judge made the remarks on Wednesday when challenges to permission for restoration works at a Co Meath quarry and decisions relating to a Co Louth bypass scheme were before him in a list containing seven leave applications over planning decisions.

Oisin Collins SC, for both of these applicants, said his clients should not be forced to narrow their grounds of challenge simply because there is a lack of judicial resources.

Objections

Environmental group Friends of Ardee Bog, of Ardee, Co Louth, will look for an order quashing decisions by An Bord Pleanála not to direct Louth County Council to prepare an Environmental Impact Assessment Report or a Natura Impact Statement in relation to the proposed 4.5km N52 Ardee Bypass road scheme.

Their case against the board, Ireland, and the Attorney General, with the council as a notice party, is based on a number of alleged contraventions of domestic and European law.

Meanwhile, Eco Advocacy CLG, with an address in Rathmolyon, Co Meath, wants to pursue an action aiming to quash the planning board's grant of permission to Keegan Quarries Limited for restoration works at a quarry in Newcastle, Enfield. The group's challenge is against An Bord Pleanála while Keegan and Meath County Council are notice parties.

Mr Justice Meenan noted there may be a degree of urgency for all parties in the challenge to the bypass. He directed that the respondents in both actions be put on notice of the leave applications, which will return before the court in April.