Farmer seeks to challenge High Court decision on landfill site

A Wicklow farmer is seeking leave to appeal against a decision of the Commercial Court - a division of the High Court - refusing her leave to bring a legal challenge to the proposed landfill dump near Rathnew.

Ms Mary Pat Cosgrave also contends that her proceedings raise questions of public importance which should be referred to the European Court of Justice.

Among the issues she wishes to raise is whether there is an obligation - during the time an appeal is pending against a grant of permission for a development - to make available documents relating to that development.

She says reports which would have been critical to an appeal by local residents against the grant of permission for this landfill were missing from the planning file during the appeal period. One such report was from Wicklow County Council's chief planning officer stating that the development was in contravention of the Wicklow County Development Plan.

Mr Justice Kelly yesterday fixed July 7th next for a hearing to decide if Ms Cosgrave can bring an appeal to the Supreme Court against his refusal last month of leave to bring judicial review proceedings against An Bord Pleanála's permission for the landfill, which is on a site adjoining her lands at Ballynagran, Collbeg, and Kilcandra.

The judge had earlier refused leave to Ms Cosgrave to bring proceedings against the State in relation to the proposed development.

In both cases, he held Ms Cosgrave had not established substantial grounds to challenge the development.

Under legislation, a person who is refused leave by the High Court to challenge a development must secure leave from the High Court before they may appeal that refusal to the Supreme Court.

Yesterday, Mr Michael O'Donnell, for Ms Cosgrave, said he would be contending the case raised questions of exceptional public interest which should go forward to the Supreme Court and European Court of Justice.

He said he wished to formulate those questions in proper form.

Mr Maurice Collins SC, for the developer, and Mr Michael Cush SC, for the State, said they were very anxious that the matter be determined as quickly as possible.

The judge made directions governing the exchange of legal documents between the sides prior to the hearing.