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Dublin Property Solicitors

Making sure your home is your home

Experts in Residential Conveyancing, Commercial Conveyancing (office and retail premises), Lettings, Planning Law, Property Disputes.

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Posted 21/10/2016

Planning - Planning and Development Act, 2000 - Planning scheme - Strategic infrastructure development (SID) - Public interest - Greater risk of injustice - Balance of convenience - Partial stay 

Facts: Following the grant of leave to seek reliefs by way of judicial review and grant of stay on the decision of the first named respondent, the applicant now sought an order to quash the decision of the first named respondent. The notice parties sought an order setting aside the stay order regarding the operation of the decision of the Bord pending the determination of the proceedings. The applicant contended that the planning scheme would not constitute SID. The applicant further argued that the planning scheme would be contrary to the statutory laws, as it did not involve the public. The notice parties contended that it would cause significant commercial harm if the stay was not lifted. 
Held: Mr. Justice Binchy set aside the stay to the extent that it enabled the notice parties to submit planning application to the first named respondent and ordered the stay to remain operative to prevent the first named respondent from making any decision on the planning application. The Court observed that the applicant raised points of exceptional public importance and made out an arguable case. The Court observed that the greater risk of injustice would be in the continuation of the stay. 
Callaghan, John v An Bord Pleanala and ors, and North Meath Wind Farm Limited and Element Power Ireland Limited
21/7/2016 No. 2016/324 JR [2016] IEHC 488