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Reilly & Ors v An Coimisiun Pleanala (Approved)
Anonymised Summary of the Judgment (High Court, Planning & Environment)
Factual and Procedural Background
This judicial review challenges a decision of the Respondent dated 25 April 2024 granting planning permission for the demolition of two houses and construction of a residential development comprising 31 units at a site described in the opinion as 353 and 363 Blackhorse Avenue. For confidentiality and consistency, the site is referred to below as the site at [Number] Main Street and [Number] Main Street in The City. The development proposals included an apartment block, associated car and bicycle parking, landscaping, access works and ancillary site works.
The planning application was made to the local planning authority on 28 February 2022, was the subject of a further information request on 16 June 2022 and a response on 9 September 2022. The planning authority decided to grant permission on 6 October 2022 by reference to the then-operative development plan. A first-party appeal was filed to the Respondent by the first named applicant (acting on behalf of the local residents group) on 1 November 2022. A new city development plan came into effect in December 2022. The Respondent's inspector recommended grant subject to conditions in a report of 28 February 2024 and the Respondent issued the impugned decision granting permission subject to 19 conditions on 25 April 2024.
Proceedings for judicial review were issued on 18 June 2024 and leave to bring the proceedings was granted on 29 July 2024 by Judge Holland. The matter was listed for hearing and was heard on 7 November 2025. A draft judgment was circulated to the parties on 11 November 2025. Judgment was delivered by Judge Humphreys on 28 November 2025.
Legal Issues Presented
- Whether relief by way of judicial review should be granted where applicants advance multiple, predominantly technical complaints after their merits-based objections were rejected (i.e. whether such a "scattergun" approach gives rise to justiciable legal grounds entitling relief).
- Whether the application documents were so defective (alleged non-compliance with the statutory application form and Articles 22–23 and validation provisions of the Regulations) that the Respondent's decision was invalid.
- Whether the Respondent failed to exercise statutory powers or complied with fair procedures arising from the adoption of a new development plan during the appeal process (section 131/137 issues) and, relatedly, whether interested members of the public were entitled to further procedural steps.
- Whether the proposed development materially contravened the newly operative development plan (specifically Table 15-1 and objectives dealing with building height/heritage) and whether any such contravention was material.
- Whether European/Aarhus-related principles (access to justice, standing, ability to raise points not made in the administrative process) permitted the applicants to advance certain EU-based complaints at judicial review stage despite not having raised them earlier.
Arguments of the Parties
Applicants' Arguments
- The impugned decision was invalid on multiple domestic law grounds, including alleged failures to notify or consult statutory consultees, alleged deficiencies in the planning application documentation (including the statutory form and drawings), and lack of jurisdiction arising from changes in the operative development plan.
- The decision was also said to be invalid on European grounds: in particular the Respondent allegedly failed at screening to consider potential significant effects on a designated European site (an SPA) and its screening conclusions were irrational and inadequately reasoned.
- The applicants asserted that the post-adoption application of the new development plan (CDP 2022–2028) required the Respondent to allow wider input and/or to apply specific plan thresholds (Table 15-1) in a way that the Respondent had not done.
Respondent's Arguments
- The applicants failed to raise many of the pleaded points before the Respondent, and they did not particularise some grounds adequately in accordance with the Rules of Court.
- Where the applicants had opportunities to participate (including by way of a direct invitation to the first applicant to comment after the new development plan came into effect) they either did not raise the points or the material before the decision-taker already addressed the matters complained of.
- Relief should be refused as a matter of discretion in respect of minor or technical defects that caused no prejudice and which were remedied or addressed in the administrative process.
Developer (Notice Parties) Arguments (labelled here as "Company A / Company B")
- The application was validated by the planning authority and the court should presume regularity in the validation decision; only substantial or misleading omissions render an application invalid.
- Any alleged errors were either factually incorrect assertions by the applicants (for example, archaeological matters and distances were dealt with in the application) or were remedied at the further information stage and subject to conditions.
- Table 15-1 of the new development plan is advisory/guidance in character and the application contained substantive material addressing the topics listed; there was no material contravention.
- If any technical deficiency existed, the appropriate exercise of discretion would be to refuse certiorari because there was no prejudice and quashing would be disproportionate and impractical.
Table of Precedents Cited
| Precedent (as cited in the opinion) | Rule or Principle Cited For | Application by the Court in this Case |
|---|---|---|
| O'Sullivan v. HSE [2023] IESC 11 | Restrictions and non-publication of draft judgments; rules governing circulation of drafts. | Cited to justify directions about confidentiality and restricted circulation of the draft judgment circulated to the parties. |
| O'Sullivan v. Sea Fisheries Protection Authority [2017] IESC 75 | Commentary on procedural fairness and the risk of over-formal procedural expectations. | Used to illustrate that draft-judgment procedure should not become an avenue to re-argue substance. |
| Attorney General v. Crosland (No. 2) [2021] UKSC 58 | Rationale for restricting publication of draft judgments in the interests of justice administration. | Referenced in relation to confidentiality of draft judgments. |
| Sweeney v. Fahy [2014] IESC 50 | Judicial review concerns legality not merits. | Quoted to support the proposition that JR is not an appeal on the merits. |
| State (Keegan) v. Stardust Compensation Tribunal [1986] I.R. 642 | Courts should not substitute their views for those of the decision-taker. | Applied to emphasise separation of powers and limits of review. |
| Meadows v. Minister for Justice, Equality and Law Reform [2010] IESC 3 | JR addresses legality; onus of proof principles. | Cited for legal standards about scope of JR and burden on applicant. |
| R (Cart) v. Upper Tribunal [2011] UKSC 28 | Distinction between true legal points and disguised attacks on factual conclusions. | Used to warn against dressing up factual complaints as points of law. |
| Stapleton v. An Bord Pleanála & Savona [2025] IEHC 178 | Illustration of limits on judicial review in planning context. | Cited as recent authority consistent with the court's approach. |
| Moran v. An Bord Pleanála [2025] IEHC 510 | Standards for review of evaluative planning judgments and burden of proof. | Applied to reinforce that evaluative judgments are reviewed on rationality grounds and applicants carry the burden of proof. |
| R (Hoareau and Bancoult) v. Secretary of State for Foreign and Commonwealth Affairs [2019] EWHC 221 | Judicial review should not be politics by another means. | Quoted to emphasise separation of powers and limits on JR as a policy-making tool. |
| Sinnott v. Minister for Education [2001] IESC 63 | Respect separation of powers; policy choices lie with other branches. | Invoked in discussion of separation of powers and policy considerations. |
| T.D. v. Minister for Education [2001] IESC 101 | Similar principle: courts should not usurp policy-making functions. | Used alongside Sinnott to support separation of powers point. |
| B. v. Child & Family Agency & Ors. [2025] IESC 2 | Further support for limits of judicial intervention in policy-laden decisions. | Referenced on the separation of powers principle. |
| Tesco Stores Ltd v. Secretary of State for the Environment [1995] | Evaluative judgment and allocation of weight are for the decision-taker. | Applied to support deference to planning evaluative judgments. |
| Baby O v. Minister for Justice [2002] IESC 44 | Deference to administrative evaluative judgments. | Referenced to support deference in evaluative matters. |
| M.E. v. Refugee Appeals Tribunal [2008] IEHC 192 | Deference and standards of review in administrative decisions. | Applied in discussion of standard of review for evaluative judgments. |
| Heathrow Airport Ltd. [2020] UKSC 52 | Weight of evidence and evaluative judgment rest with decision-maker. | Used to illustrate deference to decision-takers on evaluative issues. |
| Sherwin v. An Bord Pleanála [2024] IESC 13 | Evaluative planning judgments reviewed on an irrationality standard absent other errors. | Applied to demonstrate standard of review for planning judgments. |
| Graymount House Action Group v. An Bord Pleanála [2024] IEHC 327 | Recent authority on judicial review standards in planning. | Cited as jurisprudential context for approach to planning JR. |
| Waltham Abbey / Pembroke Road Association v. An Bord Pleanála [2022] IESC 30 | Statutory provisions should be given workable and coherent interpretation. | Used to support the "workability" limb of the eight-fold test. |
| Frescati Estates Ltd v. Walker [1975] IR 177 | Planning statutes should not be interpreted to produce strange incongruities. | Quoted to support a workable interpretative approach to planning regulation. |
| In re Murphy [1977] IR 243 | Avoid interpretations that render legislation effectively unworkable. | Referred to under the workability principle. |
| 100 Meter Tall Group v. An Bord Pleanála [2025] IESCDET 85 | Statutory words should be given meanings that accord with legislative intent and workability. | Applied in the court's discussion of workability and interpretation. |
| Kellystown Co. v. Hogan [1985] | Statutory words reasonably capable of workable meanings should be interpreted accordingly. | Support for sensible statutory interpretation in planning context. |
| McGowan v. An Coimisiún Pleanála [2025] IEHC 405 | Discretionary powers should not be construed to impose unworkable requirements. | Cited to support limits on overly onerous statutory constructions. |
| An Taisce v. An Bord Pleanála (Kilkenny Cheese) [2022] IESC 8 | European law should not be read as imposing impossibly onerous obligations. | Used to caution against unworkable interpretations of EU obligations. |
| People Over Wind & Anor. v. An Bord Pleanála & Ors. [2015] IEHC 271 | Pleading requirements in JR are stringent, especially in EU-heavy technical areas. | Applied to stress importance of clear, particularised pleadings. |
| A.P. v. Director of Public Prosecutions [2011] IESC 2 | Applicants are confined to their pleaded grounds. | Invoked in support of the court's strict pleading expectations. |
| Khashaba v. Medical Council [2016] IESC 10 | Pleading and particularisation requirements in judicial review. | Referred to as authority that applicants are confined to pleaded grounds. |
| Casey v. Minister for Housing, Planning and Local Government [2021] IESC 42 | Emphasised rules of pleading and the need for clarity in complex planning/EU cases. | Used to underscore stringency of pleadings in EU-context JR. |
| Concerned Residents of Treascon and Clondoolusk v. An Bord Pleanála [2024] IESC 28 | Pleading and limits on unpleaded relief; court may allow relief only within contours of pleaded case. | Applied to explain limits on unpleaded relief and need for route-map from facts to remedy. |
| Eglington Residents Association v. An Bord Pleanála [2025] IEHC 209 | Illustration of strict pleading requirements in JR. | Used as supporting authority on pleadings standards. |
| Reid v. An Bord Pleanála (No. 7) [2024] IEHC 27 | Applicant may only advance points clearly set out in the statement of grounds; court may allow amendments but within limits. | Quoted in discussing pleading stringency and need for clear grounds. |
| Sweetman v. An Bord Pleanála (Sweetman XV) [2020] IEHC 39 | Non-transposition claims and EU law require particularity on pleadings. | Applied to stress clarity needed for EU law arguments. |
| Rushe v. An Bord Pleanála [2020] IEHC 122 | Eu law-related pleadings require clarity. | Used in pleading discussion. |
| Alen-Buckley v. An Bord Pleanála [2017] IEHC 311 | Non-transposition claims not permitted if not pleaded. | Referenced on scope of EU law pleading requirements. |
| Ballyboden Tidy Towns v. An Bord Pleanála [2021] IEHC 648 | Pleadings must connect factual problems with relief sought via a chain of reasoning; proliferation of repeated formulations is unhelpful. | Applied to criticise scattergun pleadings. |
| Foley v. Environmental Protection Agency [2022] IEHC 470 | Need for a route-map connecting facts to remedy in pleadings. | Used to stress the necessity of a coherent pleaded chain of reasoning. |
| Hellfire Massy Residents Association v. An Bord Pleanála [2022] IESC 38 | Scattergun pleadings may be characterised as designed to spread confusion and are liable to be rejected. | Cited to support rejection of unfocused pleadings. |
| Babington v. Minister for Justice, Equality and Law Reform [2012] IESC 65 | Critique of repetitive and unfocused pleadings. | Invoked to discourage replication of the same points in many formulations. |
| Djurgården-Lilla Värtans Miljöskyddsförening, C-263/08 (CJEU) | Participation in administrative procedure is distinct from access to judicial review; lack of participation does not preclude access to review in environmental matters. | Applied to explain Aarhus/standing principles allowing some issues to be raised at JR stage even if not raised administratively. |
| Commission v. Germany, C-137/14 (CJEU) | National rules cannot restrict pleas in law available in judicial review under environmental directives; domestic procedural rules limiting pleas conflict with EU law. | Used to illustrate limits on domestic procedural bars to EU-related pleas. |
| Stichting Varkens in Nood (LB, Stichting Varkens in Nood) C-826/18 (CJEU) | Interpretation of Aarhus Convention provisions concerning admissibility and prior participation for NGOs and private individuals. | Applied in discussion of standing and effect of prior participation rules under Aarhus. |
| Protect Natur-..., C-664/15 (CJEU) | Permissibility of conditioning admissibility of judicial review on prior participation in administrative procedure if proportionate and justified. | Referenced in analysis of Article 9(3) of Aarhus and national procedural conditions. |
| Puškár, C-73/16 (CJEU) | Conditions of admissibility linked to prior participation may comply with Charter Article 47 if proportionate. | Used to discuss proportionality of participation prerequisites. |
| North East Pylon Pressure Campaign Ltd v. An Bord Pleanála, C-470/16 (CJEU) | Interpretation of public participation and standing under EU law. | Referred to in context of Aarhus-related standing issues. |
| M28 Steering Group v. An Bord Pleanála [2019] IEHC 929 | Domestic jurisprudence on Aarhus and participation. | Cited as domestic authority in the standing discussion. |
| Highlands Residents Association v. An Bord Pleanála [2020] IEHC 622 | Domestic case on participation and standing. | Referred to in standing analysis. |
| Rural Residents Wind Aware v. An Coimisiún Pleanála (I) [2025] IEHC 600 | Framework for what must/must not/may be considered by a decision-taker and the "lens" of material before the decision taker. | Applied to explain that JR is assessed through the material available to the decision-maker at the time. |
| I.S.O.F. v. Minister for Justice [2010] IEHC 457 | Principle that legality of a decision is judged through the lens of material before the decision-taker at the time. | Invoked to explain constraints on belatedly introducing points at JR stage. |
| Jahangir v. Minister for Justice [2018] IEHC 37 | Same principle: consideration through the lens of what was before the decision-taker. | Applied in the lens-of-materials analysis. |
| M.H. (Bangladesh) v. Refugee Appeals Tribunal [2018] IEHC 496 | Limits on receiving post-decision evidence in JR absent exceptions. | Used in the court's analysis of the material that should have been before the Respondent. |
| North Great Georges Street Preservation Society v. An Bord Pleanála [2023] IEHC 241 | Belated introduction of points in JR is generally not a basis for quashing a decision absent an autonomous duty or exception. | Applied to reject belated arguments that were not before the Respondent. |
| Reid v. An Bord Pleanála (No. 1) [2021] IEHC 230 | Exceptions to the general rule about receiving new evidence; when court may receive additional evidence. | Noted as an exception but found not to apply on these facts. |
| H.A. v. Minister for Justice [2022] IECA 166 | Where an error is demonstrated the onus may shift to opposing parties to show harmlessness. | Used to explain onus-shifting where an applicant demonstrates error. |
| R v. Crischuk (2010 BCSC 716) | In environmental assessment context the applicant must show defect by evidence (usually expert evidence). | Applied to the proposition that scientific/factual shortcomings must be established evidentially. |
| An Taisce v. An Bord Pleanála (No. 2) [2021] IEHC 422 | Applicant must demonstrate reasonable scientific doubt by admissible evidence. | Used to state evidential standards in EIA/AA challenges. |
| Carrownagowan Concern Group v. An Bord Pleanála [2024] IEHC 300 | Doctrine that not every error requires quashing; harmless error doctrine. | Applied to explain harmless-error approach and receiving developer evidence. |
| Eco Advocacy CLG v. An Bord Pleanála [2025] IEHC 15 | Importance of applicant adducing evidence to displace decision-taker's conclusion of no reasonable scientific doubt. | Used to illustrate that applicants failed where they did not displace the Respondent's reasoning evidentially. |
| O'Doherty and Waters v. Minister for Health [2022] IESC 32 | Onus of proof remains on applicant in JR even in constitutional challenges. | Reiterated the presumption of validity and onus position. |
| Joyce Kemper v. An Bord Pleanála [2020] IEHC 601 | The onus of proof cannot be discharged by mere assertion. | Applied to reject unsubstantiated claims about defects in assessments. |
| Murphy v. An Bord Pleanála [2024] IEHC 59 | Mere assertion does not create scientific doubt for AA purposes. | Referred to in evidential discussion about AA/EIA challenges. |
| Duffy v. An Bord Pleanála [2024] IEHC 558 | Scientific/factual assertions require admissible evidence. | Used to support evidential threshold principles. |
| Massey v. An Bord Pleanála (No. 2) [2025] IEHC 206 | Expert evidence requirement and limits on non-expert opinion in JR. | Cited to show that non-expert views cannot discharge an applicant's evidential burden. |
| RAS Medical Ltd v. Royal College of Surgeons in Ireland [2019] IESC 4 | Where there is a conflict of evidence without cross-examination, the conflict is generally resolved against the party carrying the onus. | Applied in the court's evidential assessment approach. |
| Koulibaly v. Minister for Justice [2004] IESC 50 | Court entitled to prefer affidavit evidence over oral evidence in some circumstances. | Referenced in assessing credibility and weight of affidavits. |
| Doorly v. Corrigan [2022] IECA 6 | Failure to explain patently relevant questions affects credibility of evidence. | Invoked in context of evaluating the quality of affidavit evidence. |
| Tesco Ireland Ltd v. Stateline Transport Limited [2024] IECA 46 | Court is not obliged to accept expert evidence absent cross-examination. | Cited in relation to the weight to be given to expert evidence in JR. |
| Gemeinde Altrip and Others v Land Rheinland-Pfalz (Altrip) C-72/12 (CJEU) | Doctrine that an error in EIA procedure need not automatically invalidate a decision where the court can exclude that the procedural defect affected the outcome (harmless error doctrine). | Central to the court's harmless error analysis and acceptance of receiving developer evidence to exclude reasonable doubt. |
| Walton v. Scottish Ministers [2012] UKSC 44 | Harmless error and materiality principles in environmental law. | Referenced in harmless error section. |
| R (Champion) v. North Norfolk District Council [2015] UKSC 52 | Harmless error doctrine and when a court may conclude no different outcome would have occurred. | Applied in harmless-error discussion. |
| Canterbury City Council v. Secretary of State [2019] EWHC 1211 | Receiving developer evidence and assessing whether error was material. | Used to support that courts may rely on evidence, including from developers, to assess harmlessness. |
| Toole v. Minister for Housing (No. 6) [2023] IEHC 592 | Harmless error in planning context. | Referenced among authorities supporting harmless-error approach. |
| Independent Newspapers v. I.A. [2020] IECA 19 | Discretionary nature of judicial review and factors relevant to discretion. | Applied in the court's exercise of discretion on whether to grant relief. |
| O'Connell v. Behan [2021] IECA 186 | Discretionary factors to consider in JR (including prejudice to others, triviality, proportionality). | Used to guide the court's discretion analysis when weighing whether to quash a permission. |
| Monaghan UDC v. Alf-a-Bet Promotions Ltd. [1980] I.L.R.M. 64 | Significance of defects in application documentation; substantial compliance doctrine. | Quoted for the principle that only significant non-compliance will render an application invalid. |
| Dunne Ltd. v. Dublin County Council [1974] I.R. 45 | Historical approach to compliance with procedural requirements and the de minimis exception. | Referred to in historical context about notice and validation requirements. |
| Save South Leinster Way v. ACP [2025] IEHC 541 | Authority cited in relation to immateriality of some application errors where context shows no prejudice. | Used to support the proposition that immaterial errors do not vitiate permissions. |
| Balscadden Road SAA Residents Association v. An Bord Pleanála [2020] IEHC 586 | Example of fatal defects in application documentation; contrasted with present facts. | Distinguished as involving more fundamental defects than those alleged here. |
| Atlantic Diamond v. An Bord Pleanála [2021] IEHC 322 | Significance of missing enforcement information; contrasted with present case. | Distinguished on facts where missing information was more fundamental in that authority. |
| Heather Hill Management Company CLG v. An Bord Pleanála [2022] IEHC 146 | Considerations on materiality and discretion. | Referred to in context of harmless-error and discretion analysis. |
| Minoa Ltd v. An Bord Pleanála [2024] IEHC 704 | Recent planning JR authority cited in discussion of ius tertii and pleading limits. | Invoked among authorities on rights of third parties and limits on raising third-party rights. |
| Watchhouse Cross Shopping Centre v. An Coimisiún Pleanála [2025] IEHC 520 | Example of harmlessness and pleading issues in planning JR. | Referenced to support the court's general approach on materiality and pleadings. |
| Friends of the Irish Environment CLG v. The Government of Ireland [2021] IECA 317 | Sanctioning the importance of bringing issues forward during consultation and consequences for discretion. | Quoted for the proposition that failure to raise points during consultation may be relevant to discretion. |
Court's Reasoning and Analysis
The court set out a structured, cumulative eight-fold test for the grant of relief by way of judicial review in planning cases. The limbs are, in summary: (i) jurisdictional requirements (standing, time limits, capacity, exhaustion of alternative remedies, procedural compliance); (ii) workability of the legal point (sensible, enforceable interpretation); (iii) proper pleadings (specificity and clarity); (iv) standing to raise each issue (including the Aarhus/Article 9 nuances for environmental matters); (v) assessment through the lens of material before the decision-taker at the relevant time; (vi) onus of proof resting on the applicant to evidentially establish defects; (vii) that any demonstrated error must transcend harmless, technical or non-material error; and (viii) the court's discretion (including proportionality and prejudice).
The court then applied these tests to the pleaded cores of the applicants' case. The analysis proceeded in stages:
- On jurisdiction and standing the court noted the tension between general standing requirements (sufficient interest) and the Aarhus/European law principle that environmental NGOs or members of the public may raise some points even if not previously raised in the administrative process. The court relied on CJEU authorities and domestic cases to explain that while some EU/Aarhus claims may be entertained even if not raised earlier, domestic procedural rules and the facts may nonetheless make such belated challenges inappropriate.
- On pleadings and the character of the applicants' case, the court criticised the "scattergun" approach. It emphasised that pleadings in JR are stringent and must provide a clear route-map from alleged facts to relief. The court highlighted authorities showing that repetitive or unfocused pleadings are liable to be disallowed.
- On the "workability" limb, the court insisted that statutory and plan provisions must be given workable, sensible interpretations and that a rigid, unworkable interpretation that would paralyse administrative processes should be avoided.
- On the evidential/onus limb, the court reiterated that the onus lies on applicants to show defects. For scientific, AA or EIA-related challenges applicants must ordinarily supply admissible (often expert) evidence to show reasonable scientific doubt; mere assertion is insufficient. Where an error is demonstrated, the onus may shift to opposing parties to show harmlessness.
- On the "lens" principle, the court confirmed that generally the legality of an administrative decision is assessed by reference to the materials before the decision-maker at the time. Belated introduction of points that were not before the decision-maker is generally not a basis for quashing, save in defined exceptions.
- Applying those principles to Core Ground 2 (alleged defective application documents), the court found that the alleged errors were, on the facts, minor or rectified in the process (for example, archaeological matters were identified and mitigated; further information addressed plant/noise details). The court emphasised substantial compliance, the planning authority's validation decision and the absence of any evidential showing of prejudice. Discretion therefore weighed against relief.
- Applying the tests to Core Ground 4 (alleged failure to exercise powers in respect of the new development plan and fair procedures), the court held that the existence of public notice and other public opportunities (including an invitation under s.131 on 2 December 2022 and an actual response by the first applicant on 16 December 2022) meant the applicants had practical opportunities to raise the points. The court also considered a bright-line duty to re-open processes whenever a new plan comes into force would be unworkable. The court further found that the applicants did not show prejudice or material issues that would have warranted reopening the process.
- On Core Ground 5 (alleged material contravention of Table 15-1 and heritage objectives), the court undertook a textual and practical analysis of the development plan provisions. It noted that the plan language mixes advisory and mandatory terms and that Table 15-1 operates as thresholds/guidance. The court accepted that certain plan requirements could, in principle, be material, but found on the pleaded and evidential materials the applicants had not identified specific substantive deficiencies in what was actually submitted; the applicants relied on titles of reports rather than showing how substantive content was missing. On heritage objectives, the court concluded there was no evident material contravention on the facts, archaeological issues had been considered, and conditions were imposed to mitigate any identified risk.
- On the overall application of the eight limbs, the court concluded that many of the applicants' points were either not properly pleaded, not supported by admissible evidence, technical or immaterial, or remedied in the administrative process. The court emphasised the discretionary nature of JR and the requirement that any error be material and prejudicial to justify quashing a planning permission.
Holding and Implications
HOLDING: The proceedings are DISMISSED.
The court ordered dismissal of the proceedings. The judgment records that, unless a party applies otherwise in writing before the next mention date, the order will be perfected with no order as to costs (including reserved costs). The court noted that, where appropriate, unsuccessful applications to vary any provisional costs order can be addressed under procedural rules, and listed the matter for a further administrative mention to confirm the order.
Implications:
- The direct consequence is that the Respondent's grant of permission for the development at the site (the permission of 25 April 2024) stands and judicial review relief was refused.
- The court emphasised and illustrated several procedural and substantive principles relevant for future planning judicial reviews: strict pleading and evidential requirements, the presumption of regularity and substantial compliance in validated applications, the need to demonstrate prejudice or materiality rather than rely on technicalities, and the court's willingness to apply the harmless-error doctrine (including receiving developer evidence where appropriate to exclude reasonable doubt).
- The judgment does not purport to create a novel rule of wide application but sets out a clarified, cumulative test (the eight-fold path) to assist courts and practitioners in assessing when relief by way of judicial review is appropriate in planning and environmental matters. The court emphasised that where EU/Aarhus issues arise the court's discretion and the domestic procedural regime must still be applied sensibly and in a workable manner on the particular facts.
Additional Notes
- The summary above is strictly confined to the content and reasoning set out in the judgment circulated and delivered by the court in the provided opinion. No extra-textual facts or inferences have been introduced.
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