Sweetman v an Bórd Pleanála and ors

• Jurisdiction: Ireland
• Judge: Clarke J.,MacMenamin J.,Laffoy J.
• Judgment Date: 17 February 2017
• Neutral Citation: [2017] IESCDET 19
• Court: Supreme Court
• Date: 17 February 2017

Between

PETER SWEETMAN

Applicant/Appellant

and

An Bórd Pleanála

Respondent

and

Eirgrid plc

Notice Party/Respondent

and

Electricity Supply Board

Notice Party

[2017] IESCDET 19

Clarke J.

MacMenamin J.

Laffoy J.

THE SUPREME COURT

DETERMINATION

APPLICATION FOR LEAVE TO APPEAL TO WHICH ARTICLE 34.5.4° OF THE CONSTITUTION APPLIES

RESULT: The Court grants leave to the Applicant to appeal to this Court directly from the High Court

REASONS GIVEN:

1. Jurisdiction

1 This determination relates to an application by the applicant in the underlying proceedings for leave to appeal, under Art. 34.5.4 of the Constitution, directly from the ruling of the High Court (Hedigan J.) delivered on the 18th October, 2016. The order appealed against was also made on the 18th October, 2016 and perfected on the 29th November, 2016. As is clear from the terms of the Constitution and many determinations made by this Court since the enactment of the 33rd Amendment it is necessary, in order for this Court to grant leave, that it be established that the decision sought to be appealed either involves a matter of general public importance or that it is otherwise in the interest of justice necessary that there be an appeal to this Court. In addition, because this is an application for leave to appeal directly from the High Court, it is also necessary that it be established that there are ‘exceptional circumstances warranting a direct appeal’ to this Court.

2 The Court considers it desirable to point out that a determination of the Court on an application for leave, while it is final and conclusive so far as the parties are concerned, is a decision in relation to that application only. The issue is whether the questions raised, and the facts underpinning them, meet the constitutional criteria for leave. It will not, save in the rarest of circumstances, be appropriate to rely on a refusal of leave a having a precedential value in relation to the substantive issues in the context of a different case. Where leave is granted, any issue canvassed in the application will in due course be disposed of in the substantive decision of the Court.

2. The Proceedings

3 In the underlying proceedings Mr. Sweetman sought to challenge a decision of the respondent (‘the Board’) to grant permission to the first named notice party (‘Eirgrid’) for certain works relating to an overhead line between Bellacorick and Castlebar. That challenge was rejected by the High Court ( Sweetman v. An Bórd Pleanála [2016] IEHC 310). Subsequently an application for a certificate for leave to appeal was sought and refused. However, this appeal is not concerned with the substantive issues raised.

4 Subsequently, on the 4th October, 2016, there was a hearing in the High Court relating to the costs of the proceedings. It is in respect of the order for costs then made that this potential appeal arises.

3. The Order appealed against

5 The High Court (Hedigan J.) awarded costs against Mr. Sweetman in favour of both the Board and Eirgrid. It is in respect of that costs order that Mr. Sweetman seeks leave to appeal directly to this Court. It should be noted that the High Court refused a stay on the order for costs and also refused a certificate for leave to appeal on the question of costs.

6 It had been argued that this case came within s.50B of the Planning and Development Act, 2000 as amended. That section, if applicable, would ordinarily require that there be no order as to costs. Although there is no written judgment it would appear that the trial judge did not consider that the case came within s.50B or that there was any other basis for declining to make the orders for costs sought.

4. The Contentions of the Parties

7 The notice of application for leave to appeal together with the response is published along with this determination. It is not, in those circumstances, necessary to set out in full detail the contents of those documents. For the purposes of this determination it is sufficient to summarise the basis upon which the applicant suggests that the...