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 |
BETWEEN
AND
AND
and
1996 WJSC-SC 1476
Hamilton, C.J.
O'Flaherty, J.
Blayney, J.
Denham, J.
Barrington, J.
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
JUDGMENT delivered on the Barrington, J. by 22nd day of May 1996 [nem diss]
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.
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.
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".
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.
The Applicant purported to appeal to this Court against both refusals.
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.
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,...
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