| Coolglass v. An Coimisiún Pleanála [2026] IESC 5 |
Section 15 creates a legal standard: relevant bodies must perform functions "in so far as practicable" in a manner consistent with specified climate instruments; consistency is a spectrum of possible outcomes. |
The Court applied Coolglass as the governing test for s.15 and found the Plaintiffs had not demonstrated the Commission's decision fell outside the lawful spectrum of outcomes consistent with s.15. |
| Coyne v. An Bord Pleanála [2023] IEHC 412 |
Substance over form: compliance with s.15 is assessed in substance rather than by ritualistic recitation of wording. |
The Court relied on the substance- over-form principle to read the Commission's references to CAP 2023 and "had regard to" in context and to accept that the inspector and Commission engaged with s.15 substantively. |
| Doyle v. An Bord Pleanála (No. 1) [2025] IEHC 158 |
This is the Court's earlier module I ruling on the bat-roost factual error. |
The Court noted and relied on its No.1 judgment finding the inspector's factual error about a bat roost was harmless; that judgment influenced the Commission's position in Module II and the Court's approach. |
| Doyle v. An Bord Pleanála (No. 2) [2025] IEHC 205 |
Earlier interlocutory cost issue (applicants' costs submissions). |
Cited for procedural history; the Court referred to that judgment in the chronology. |
| Ballyboden Tidy Towns Group v. An Bord Pleanála & Ors. [2024] IESC 4 |
Developers can defend permissions even when decision-taker does not. |
The Court applied the procedural principle allowing Company A to defend the permission notwithstanding the Commission's limited concession. |
| Namur Est (Case C‑463/20) |
Sequencing of derogation/authorisation under Habitats/Birds law where a single permit system is used; EIA/derogation sequencing issues in EU law. |
The judgment was discussed; the Court concluded Namur Est did not displace the factual findings here and that Ireland's regime and the facts did not establish a requirement that derogation must have been obtained prior to consent in the circumstances of this case. |
| M.R. (Bangladesh) v. International Protection Appeals Tribunal [2020] IEHC 41 |
Decision-read-in-the-round principle; avoid reading decisions in most erroneous way. |
Cited to support approach of reading administrative decisions so as to uphold validity where reasonable reading is available. |
| Reilly v. An Coimisiún Pleanála [2025] IEHC 659 |
Enumerates an eight‑fold test for obtaining judicial review relief in planning contexts (jurisdiction, legal correctness, pleading, standing, materials before decision-maker, onus, materiality of error, discretion). |
The Court applied the eight‑fold tests as the analytical framework for considering whether relief was appropriate and concluded the Plaintiffs failed to satisfy them. |
| Foran v. An Coimisiún Pleanála & Glenveagh [2026] IEHC 23 |
Referenced in context of the eight‑fold test (cumulative requirements for judicial review relief). |
Listed among authorities supporting the Court's procedural/legal framework. |
| Sweeney v. Fahy [2014] IESC 50 |
Judicial review concerns legality rather than correctness (not an appeal on merits). |
Applied to stress the court's role is limited and that evaluative judgments are generally for decision‑takers. |
| State (Keegan) v. Stardust Compensation Tribunal [1986] I.R. 642 |
Separation of functions: court not to substitute its view for decision-taker on merits. |
Cited to reinforce limits of judicial review vs merits review. |
| Meadows v. Minister for Justice, Equality and Law Reform [2010] IESC 3 |
On the role and limits of judicial review and burden of proof principles. |
Used to support proposition that onus of proof rests with applicant in judicial review. |
| R (Cart) v. Upper Tribunal [2011] UKSC 28 |
Judicial review is not for re-weighing evaluative conclusions. |
Cited to support approach that courts should avoid substituting their own view for evaluative judgments. |
| Sherwin v. An Bord Pleanála [2024] IESC 13 |
Where decision-taker fails to engage with a statutory test the review standard may be intensified. |
Cited in relation to the standard of review for evaluative planning judgements. |
| Coyne v An Bord Pleanála [2023] IEHC 412 |
EIAR/EIA and ETS relevance; substance over form in s.15 compliance. |
Applied as authority that ETS and regulatory context can be relevant and that substance of engagement with s.15 matters more than formulaic wording. |
| Friends of Killymooney Lough v. An Coimisiún Pleanála No. 1 [2025] IEHC 407 |
Discusses use of independent expert entities in science-heavy climate litigation and evidential approaches. |
Referenced to note that applicants had not sought amicus/expert input which might have assisted with science-heavy points. |
| EngineNode — as cited within Coyne |
Substance compliance with s.15 rather than verbatim recitation. |
Referenced in argument summaries about the proper approach to s.15. |
| Tesco Stores Ltd v. Secretary of State for the Environment [1995] 1 WLR 759 |
Evaluative weight is for the decision-maker; courts defer on evaluative judgments. |
Cited to support deference to planning judgement on weight of considerations. |
| Baby O v. Minister for Justice [2002] IESC 44 |
On deference to administrative evaluative judgments. |
Cited for proposition that weight of evidence and evaluative judgement lies with decision-maker. |
| Heathrow Airport Ltd [2020] UKSC 52 |
Evaluative judgments and planning discretion. |
Referenced on deference to decision‑taker on evaluative matters. |
| R (Hoareau and Bancoult) v. Secretary of State for Foreign and Commonwealth Affairs [2019] EWHC 221 |
Judicial review is not politics by another means. |
Referenced to emphasise separation of powers and limits of judicial review. |
| O'Sullivan v. Health Service Executive [2023] IESC 11 |
Draft judgment circulation principles and constraints on re‑argument. |
Cited in relation to the court's draft-judgment procedure and restrictions on submissions. |
| O'Sullivan v. Sea Fisheries Protection Authority [2017] IESC 75 |
Procedural fairness and not importing trial‑like procedures into judicial review. |
Used in discussion of draft judgment confidentiality and procedure. |
| Attorney General v. Crosland (No. 2) [2021] UKSC 58 |
Confidentiality and purpose of draft judgments. |
Referenced in procedural considerations about draft judgments. |
| Baigent v. Random House Group Ltd [2006] EWHC 1131 |
Publication and confidentiality principles. |
Referenced in context of draft judgment confidentiality. |
| Public Institution for Social Security v. Banque Pictet & Cie SA and others [2022] EWCA Civ 368 |
Publication and confidentiality jurisprudence. |
Referenced in draft judgment discussion. |
| Itkin v. Wood [2023] JRC 101 |
Draft judgment confidentiality (Royal Court of Jersey). |
Referenced as authority on draft judgment practice. |
| St. Margaret's Recycling v. An Bord Pleanála [2024] IEHC 94 |
Decision reading-in-the-round; avoid micro-parsing of words. |
Applied to support the Court's approach of reading the Commission's decision fairly in context. |
| Mulloy v. An Bord Pleanála [2024] IEHC 86 |
Reading decisions in a valid manner where possible. |
Cited in support of reading decisions so as to uphold validity. |
| Save Cork City Community Association CLG v. An Bord Pleanála [2022] IESC 52 |
Disproportionate to quash for technical procedural errors; proportionality of relief. |
Referenced in discretionary considerations about relief. |
| Watchhouse Cross Shopping Centre v. An Coimisiún Pleanála [2025] IEHC 520 |
Proportionality and procedural fairness principles. |
Referenced in context of proportionality/discretion. |
| B.D.C. (Nigeria) v. International Protection Appeals Tribunal [2018] IEHC 460 |
Material before the decision‑maker lens (review through the material available at the time). |
Used in explaining the foundational concept of reviewing legality through material before decision-taker. |
| I.S.O.F. v. Minister for Justice, Equality and Law Reform [2010] IEHC 457 |
Belated points not generally admissible where not raised in process. |
Applied to stress importance of raising issues in administrative process; belated introduction in judicial review is limited. |
| Reid v. An Bord Pleanála (No. 1) [2021] IEHC 230 |
Exceptions permitting the court to receive new evidence in limited cases. |
Cited in relation to exceptions to receiving new evidence post-decision. |
| An Taisce v. An Bord Pleanála & Ors. [2022] IESC 8 |
On the applicant bearing the onus in EIA and AA challenges; the need for evidence to displace decision-taker's conclusion. |
Applied to underscore that applicants must displace decision-taker's conclusions by admissible evidence. |
| H.A. v. Minister for Justice [2022] IECA 166 |
When an error is shown on part of a decision-maker, the onus shifts to opposing parties to show harmlessness. |
Cited for onus-shifting principle when error is demonstrated. |
| Nagle View Turbine Aware Group v. An Bord Pleanála [2024] IEHC 603 |
Scientific/factual shortcomings in EIA/AA must be established by applicant (onus). |
Referenced to support proposition that scientific shortcomings must be proven by admissible evidence. |
| Eco Advocacy CLG v. An Bord Pleanála (No. 4) [2023] IEHC 713 |
Pleadings and acceptable clarity: provisions need not be enumerated verbatim if implicitly identifiable. |
Cited to explain pleading standards in complex EU law contexts. |
| Kennedy & Anor. v. An Bord Pleanála [2024] IEHC 570 |
Pleadings, onus and evidential standards in environmental assessment challenges. |
Referenced among authorities on pleading stringency and evidential burden. |
| Leech v. An Bord Pleanála [2024] IEHC 599 |
Acceptable clarity standard for pleadings. |
Referenced in pleading discussion. |
| Concerned Residents of Treascon and Clondoolusk v. An Bord Pleanála & Ors. [2024] IESC 28 |
Plea compliance with pleading rules; court may grant unpleaded relief only within pleaded contours. |
Cited in pleading and scope-of-relief discussion. |
| Sweetman v. An Bord Pleanála (Sweetman XV) [2020] IEHC 39 |
Non-transposition and complex EU law arguments require clarity in pleadings. |
Used to stress stringency of pleading in EU transposition claims. |
| Alen-Buckley v. An Bord Pleanála [2017] IEHC 311 |
Non-transposition claims not set out in pleadings are impermissible. |
Referenced as caution against raising new EU non-transposition arguments late. |
| Ballyboden Tidy Towns v. An Bord Pleanála [2021] IEHC 648 |
Applicants confined to pleaded grounds; high-level principles require a route-map in pleadings. |
Cited to require connection between factual problems and relief sought. |
| Foley v. Environmental Protection Agency [2022] IEHC 470 |
Requirement for a clear route-map linking facts to relief in environmental judicial reviews. |
Referenced concerning pleading clarity. |
| Hellfire Massy Residents Association v. An Bord Pleanála [2022] IESC 38 |
Critique of scattergun pleadings; courts reject overly broad pleaded cases. |
Applied to warn against scattergun pleading strategies. |
| Babington v. Minister for Justice Equality and Law Reform & Ors. [2012] IESC 65 |
Pleadings must be clear; repetition does not strengthen a point. |
Cited in pleading standards discussion. |
| A.P. v. Director of Public Prosecutions [2011] IESC 2 |
Applicants are confined to their pleadings. |
Referenced to reinforce pleading confinement principle. |
| Khashaba v. Medical Council [2016] IESC 10 |
Pleading obligations and consequences of deficient pleadings. |
Referenced for pleading principle. |
| Reid v. An Bord Pleanála (No. 7) [2024] IEHC 27 |
Pleadings and amendment jurisprudence. |
Referenced in context of pleading requirements. |
| People Over Wind & Anor. v. An Bord Pleanála & Ors. (No. 1) [2015] IEHC 271 |
Pleading stringency in judicial review challenging environmental matters. |
Referenced to emphasise strict pleading requirements. |
| R v. Crischuk 2010 BCSC 716 (and affirmed 2010 BCCA 391) |
Onus in environmental assessment contexts: applicant must show defects by evidence. |
Referenced for the proposition that EIA/AA shortcomings must be proved by applicant evidence. |
| Carrownagowan Concern Group v. An Bord Pleanála [2024] IEHC 300 |
Scientific/factual shortcomings in EIA must be established with admissible evidence. |
Applied to support evidential onus arguments. |
| O'Doherty and Waters v. Minister for Health [2022] IESC 32 |
Onus of proof remains with applicant even in constitutional challenges. |
Cited to reinforce presumption of validity and onus principles. |
| 100 Meter Tall Group v. An Bord Pleanála [2025] IESCDET 85 |
AA/EIA evidential standards and the necessity to displace Board's reasons by evidence. |
Referenced in support of evidential requirements for displacing decision-taker's conclusions. |
| Connelly v. An Bord Pleanála [2018] IESC 31 |
Reasons obligation: main reasons on main issues must be provided; reasons may be found in adopted reports. |
Applied in considering sufficiency of reasons in inspector's report and Board order. |
| Killegland Estates Ltd v. Meath County Council [2023] IESC 39 |
Reasons need not be repeated where obvious; plan-consistency presumption. |
Used to support reading of reasons and presumption of plan-consistency under s.15. |
| Fahybeg Windfarm Opposition Group v. An Bord Pleanála [2025] IEHC 310 |
Construction of permissions incorporating plans/particulars into conditions. |
Applied to support conclusion that Conditions 1 and 3 incorporate mitigation commitments (including CPPA commitments) contained in submitted documentation. |
| Rural Residents Wind Aware v. An Coimisiún Pleanála (I) [2025] IEHC 600 |
Material-before-decision-maker lens and evidential principles in EIA review. |
Referenced in discussion about what must have been raised in the administrative process to engage duties under s.15. |
| RPS Consulting Engineers Ltd v. Kildare County Council [2015] IEHC 113 |
Reasons that existed at the relevant time can be evidenced after the event but reasons should not be created ex post facto. |
Referenced in discussion of reasons and evidence of reasons. |
| Redmond v An Bord Pleanála [2020] IEHC 151 |
Planning permission cannot authorise Article 12 harm. |
Referenced in addressing the Namur Est sequencing point and Irish context. |
| IE v Magistrat der Stadt Wien (Case C-477/19) |
Protection of formerly occupied resting places depends on "sufficiently high probability" of return. |
Cited in discussion on whether a former bat roost retains protected status; Court referenced the probability threshold and found factual probability lacking here. |
| Other authorities and EU instruments cited in the opinion |
This information was not available in the provided opinion as a concise rule/principle for each separate citation. |
This information was not available in the provided opinion. |