IRISH ASPHALT Ltd v Bord Pleanála

• Jurisdiction: Ireland
• Court: Supreme Court
• Judge: Barrington, J.
• Judgment Date: 01 January 1997
• Neutral Citation: 1996 WJSC-SC 1476
• Docket Number: [S.C. No. 305 of 1995],305/95
• Date: 01 January 1997

IRISH ASPHALT LTD v. BORD PLEANALA

BETWEEN

IRISH ASPHALT LTD.

APPLICANTS/APPELLANTS

AND

AN BORD PLEANALA

RESPONDENTS

AND

BRIAN MEEHAN, FIR FAS,

IRISH ASPHALT LTD v. BORD PLEANALA

CLARIS IRELAND, SYMANTEC LTD., III COM IRELAND LTD.

and

FINGAL COUNTY COUNCIL

NOTICE PARTIES

1996 WJSC-SC 1476

Hamilton, C.J.

O'Flaherty, J.

Blayney, J.

Denham, J.

Barrington, J.

305/95

JR No. 340/1994

THE SUPREME COURT

Synopsis:

CONSTITUTION

Courts

High Court - Decision - Appeal - Exclusion - Statute - Interpretation - Judicial review of planning decision - High Court's determination of application for such review - Determination of High Court not appealable to Supreme Court except on certificate of High Court - Certificate that determination involved a point of law of exceptional public importance - Supreme Court without jurisdiction to hear appeal from such determination by High Court or to hear appeal from refusal to issue such certificate - Rules of the Superior Courts, 1986 (S.I. No. 15), order 84 - Local Government (Planning and Development) Act, 1963 (No. 28), s. 82 - G Local Government (Planning and Development) Act, 1992 (No. 14), s. 19 - (340/1994 - Supreme Court - 22/5/96) - [1996] 2 IR 179 - [1997] 1 ILRM 81

|Irish Asphalt Ltd. v. An Bord Pleanala|

JUDICIAL REVIEW

Planning

High Court - Decision - Appeal - Exclusion - Supreme Court - Jurisdiction - Restriction - Judicial review of planning decision - High Court's determination of application for such review - Determination of High Court not appealable to Supreme Court except on certificate of High Court - Certificate that determination involved a point of law of exceptional public importance - Supreme Court without jurisdiction to hear appeal from such determination by High Court or to hear appeal from refusal to issue such certificate - (305/95 - Supreme Court - 22/5/96) [1996] 2 IR 179 - [1997] 1 ILRM 81

|Irish Asphalt Ltd. v. An Bord Pleanala|

PLANNING

Decision

Review - High Court - Order - Appeal - Exclusion - Supreme Court - Jurisdiction - Restriction - Judicial review of planning decision - High Court's determination of application for such review - Determination of High Court not appealable to Supreme Court except on certificate of High Court - Certificate that determination involved a point of law of exceptional public importance - Supreme Court without jurisdiction to hear appeal from such determination by High Court or to hear appeal from refusal to issue such certificate - (305/95 - Supreme Court - 22/5/96) [1996] 2 IR 179 - [1997] 1 ILRM 81

|Irish Asphalt Ltd. v. An Bord Pleanala|

SUPREME COURT

Appeal

Jurisdiction - Exclusion - Statute - Interpretation - Judicial review of planning decision - High Court's determination of application for such review - Determination of High Court not appealable to Supreme Court except on certificate of High Court - Certificate that determination involved a point of law of exceptional public importance - Supreme Court without jurisdiction to hear appeal from such determination by High Court or to hear appeal from refusal to issue such certificate - (305/95 - Supreme Court - 22/5/96) - [1996] 2 IR 179 - [1997] 1 ILRM 81

|Irish Asphalt Ltd. v. An Bord Pleanala|

Citations:

LOCAL GOVT (PLANNING & DEVELOPMENT) ACT 1992

LOCAL GOVT (PLANNING & DEVELOPMENT) ACT 1963 S82(3)(A)

LOCAL GOVT (PLANNING & DEVELOPMENT) ACT 1963 S82(3)(B)

LOCAL GOVT (PLANNING & DEVELOPMENT) ACT 1963 S82(3)(B)(b)(i)

CONSTITUTION ART 34.4.3

DPP, PEOPLE V CONMEY 1975 IR 341

LOCAL GOVT (PLANNING & DEVELOPMENT) ACT 1963 S82(3B)(b)(iii)

COURTS OF JUSTICE ACT 1924 S29

AG V MURRAY (NO 2) 1926 IR 300

KSK ENTERPRISES LTD V BORD PLEANALA 1994 2 ILRM 1

HANAFIN V MIN ENVIRONMENT UNREP SUPREME 1.3.96 1996/5/1262

DILLON-LEETCH V CALLEARY UNREP SUPREME 25.7.73

1 JUDGMENT delivered on the Barrington, J. by 22nd day of May 1996 [nem diss]

2 This appeal raised a net point of law on the correct interpretation of a provision of the Local Government (Planning and Development) Act, 1992. This Act, inter alia, inserted two new sub-sections, 3 (A) and 3 (B) into Section 82 of the Local Government (Planning and Development) Act, 1963.

3 The effect of the new sub-sections is to prevent a person from questioning the validity of a decision of a planning authority or of the planning board save by way of an application for judicial review. Leave to bring such an application can only be granted if the High Court is satisfied that there are substantial grounds for contending that the decision is invalid or ought to be quashed.

4 Sub-section (3B) (b) (i) then states as follows:-

"The determination of the High Court of an application for leave to apply for judicial review as aforesaid or of an application for such judicial review shall be final and no appeal shall lie from the decision of the High Court to the Supreme Court in either case save with the leave of the High Court which leave shall only be granted where the High Court certifies that it's decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Supreme Court".

5 By Order dated 28th day of July, 1995, the President of the High Court refused the Applicants" application for judicial review and also refused to grant to the Applicant a Certificate of Leave to Appeal.

6 The Applicant purported to appeal to this Court against both refusals.

7 On March 12th last this Court, having heard submissions from the Appellants, the Respondents, and the Notice Parties, decided that no appeal lay from the said decisions of the learned President and indicated that it would give its reasons at a later date, which it is now doing.

8 Mr. O'Sullivan, on behalf of the Appellants, relied on Article 34, Section 4 sub-section 3 of the Constitution which, so far as relevant,...