McNamara v an Bord Pleanála

• Jurisdiction: Ireland
• Judgment Date: 01 January 1995
• Date: 01 January 1995
• Court: Supreme Court

(H.C.)

McNamara

and

An Bord Pleanála

- Whether substantial grounds for challenging validity of decision -Test to be applied - Meaning of "substantial grounds" - Local Government (Planning and Development) Act, 1963 (No. 28), s. 82 - Local Government (Planning and Development) Act, 1992 (No. 14), s. 19 (3) - Rules of the Superior Courts, 1986 (S.I. No. 15), O. 84 - Environmental impact statement - Adequacy - Grant of permission for landfill site for municipal waste - Amendment of plans - Removal of sand and gravel below water line - Whether environmental impact statement adequate - Whether newspaper notice of application adequate - Matters left by An Bord Pleanála to be decided between the developer and the planning authority - Whether abdication of responsibility and wrongful delegation of powers - Conditions relating to traffic - Whether ultra vires - Whether substantial grounds - European Communities (Environmental Impact Assessment) Regulations, 1989 (S.I. No. 349), Sch. 1, Part II, s. 2 (d).

1. S. 82 of the Local Government (Planning and Development) Act, 1963, as amended by s. 19(3) of the Local Government (Planning and Development) Act, 1992, provides as follows: (3A) A person shall not question the validity of… (b) a decision of [An Bord Pleanála] on any appeal or on any reference, otherwise than by way of an application for...