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 Judicial review under O. 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986).... (3B) An application for leave to apply for judicial review under the order in respect of a decision referred to in subs. (3A) of this section shall, (i) be made within the period of two months commencing on the date on which the decision is given, and (ii) be made by motion on notice … to (II) … the board and each party or each other party as the case may be to the appeal or reference and (III) any other person specified for that purpose by order of the High Court, and such leave shall not be granted unless the High Court is satisfied that there are substantial grounds for contending that the decision is invalid or ought to be quashed. On 29 July, 1994, An Bord Pleanála granted planning permission to the former Dublin County Council for a landfill site for baled municipal waste in Kill, County Kildare. On 27 September, 1994, the applicant sought leave of the High Court to apply for judicial review of the decision on a number of grounds which included: (a) That as the original plan proposed that waste would he stored in cells above...