Ecological Data Centres Ltd v an Bord Pleanála

• Jurisdiction: Ireland
• Court: High Court
• Judge: Mr. Justice Hedigan
• Judgment Date: 22 January 2013
• Neutral Citation: [2013] IEHC 34
• Date: 22 January 2013

[2013] IEHC 34

THE HIGH COURT

[No. 364 J.R./2011]

Ecological Data Centres Ltd v Bord Pleanála

JUDICIAL REVIEW

BETWEEN

ECOLOGICAL DATA CENTRES LIMITED

APPLICANT

AND

AN BORD PLEANÁLA

RESPONDENT

AND

WICKLOW COUNTY COUNCIL, NATIONAL ROADS AUTHORITY, CLAUS MICHEL, IRIS MICHEL, MARC MICHEL, ALAN BUTLER AND ÁINE BURKE

NOTICE PARTIES

URRINBRIDGE LTD v BORD PLEANALA UNREP MACMENAMIN 28.10.2011 2011/48/13552 2011 IEHC 400

KADRI v GOVERNOR OF WHEATFIELD PRISON UNREP SUPREME 10.5.2012 2012 IESC 27

Planning – Decision – Notice of decision – When decision taking effect

Facts: The parties were involved in a planning dispute. Whilst the facts were not in dispute, the case turned on when a decision by the respondent took effect.

Held by Hedigan J, that the current case was indistinguishable from the earlier decision of Urrinbridge Ltd v An Bord Pleanála. That case stated that a decision on an application to the respondent took effect on service of the notice of the decision. Applying that case to the present, it was clear the applicant in the current case would succeed, as the appeals of the other parties had been withdrawn. Urrinbridge Ltd v An Bord Pleanála & Ors. [2011] IEHC 400 applied.

1 Judgment of Mr. Justice Hedigan delivered on 22nd day of January, 2013.

2 1. The facts are not in dispute in this case. I have been referred to the decision of MacMenamin J. in the case of Urrinbridge Limited v. An Bord Pleanála & Ors. [2011] IEHC 400. This case is indistinguishable from that case in its decisive point, i.e. the determination of the application before An Bord Pleanála took effect when notice of the decision was first sent.

3 2. If that decision is followed in this case, then the applicant must succeed because the appeals of the three Michels were withdrawn on the 16 ^th March, 2011 whilst the appeal had not yet been determined. If Urrinbridge is followed, that determination did not occur until at the very earliest the 21 ^st March, 2011. At that time, the appeals having been withdrawn, An Bord Pleanála no longer had jurisdiction to determine the appeals.

4 3. Two questions arise -

5 (a) Does this Court agree with the Urrinbridge decision?

6 (b) If it does not, should it nonetheless follow that decision based on the established principles of stare decisis between courts of equivalent jurisdiction as set out by Clarke...