Planning and Development Act, 2000
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Judicial review of appeals, referrals and other matters. |
50.—(1) Where a question of law arises on any appeal or referral, the Board may refer the question to the High Court for decision. | |
(2) A person shall not question the validity of— | ||
(a) a decision of a planning authority— | ||
(i) on an application for a permission under this Part, or | ||
(ii) under section 179 , | ||
(b) a decision of the Board— | ||
(i) on any appeal or referral, | ||
(ii) under section 175 , or | ||
(iii) under Part XIV, | ||
otherwise than by way of an application for judicial review under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ) (“the Order”). | ||
(3) The Board or any party to an appeal or referral may, at any time after the bringing of an application for leave to apply for judicial review of a decision of a planning authority, apply to the High Court to stay the proceedings pending the making of a decision by the Board in relation to the appeal or referral concerned, and the Court may, where it considers that the matter is within the jurisdiction of the Board, make an order on such terms as it thinks fit. | ||
(4) (a) (i) Subject to subparagraph (iii), application for leave to apply for judicial review under the Order in respect of a decision referred to in paragraph (a) (i) or (b) (i) of subsection (2), shall be made within the period of 8 weeks commencing on the date of the decision of the planning authority or the Board, as the case may be. | ||
(ii) Subject to subparagraph (iii), application for leave to apply for judicial review under the Order in respect of a decision referred to in paragraph (a) (ii) or (b) (ii) or (iii) of subsection (2), shall be made within the period of 8 weeks commencing on the date on which notice of the decision was first published. | ||
(iii) The High Court shall not extend the period referred to in subparagraph (i) or (ii) unless it considers that there is good and sufficient reason for doing so. | ||
(b) An application for leave to apply for judicial review shall be made by motion, on notice (grounded in the manner specified in the Order in respect of an ex parte motion for leave)— | ||
(i) if the application relates to a decision referred to in paragraph (a) of subsection (2), to the planning authority concerned and, with regard to a decision on an application for permission under this Part, to the applicant for the permission where he or she is not the applicant for leave, | ||
(ii) if the application relates to a decision referred to in subparagraph (i) of subsection (2)(b), to the Board and each party or each other party, as the case may be, to the appeal or referral, | ||
(iii) if the application refers to a decision referred to in subparagraph (ii) or (iii) of subsection (2)(b), to the Board and the planning or local authority concerned, and | ||
(iv) to any other person specified for that purpose by order of the High Court, | ||
and 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, and that the applicant has a substantial interest in the matter which is the subject of the application. | ||
(c) Without prejudice to the generality of paragraph (b), leave shall not be granted to an applicant unless the applicant shows to the satisfaction of the High Court that— | ||
(i) the applicant— | ||
(I) in the case of a decision of a planning authority on an application for permission under this Part, was an applicant for permission or is a prescribed body or other person who made submissions or observations in relation to the proposed development, | ||
(II) in the case of a decision of a planning authority under section 179 , is a prescribed body or other person who made submissions or observations in relation to the proposed development, | ||
(III) in the case of a decision of the Board on any appeal or referral, was a party to the appeal or referral or is a prescribed body or other person who made submissions or observations in relation to that appeal or referral, | ||
(IV) in the case of a decision of the Board under section 175 , is the planning authority which applied for approval, or is a prescribed authority or other person who made submissions or observations under subsection (4) or (5) of that section, or | ||
(V) in the case of a decision of the Board under Part XIV, is a local authority that proposes to acquire land or to carry out a scheme or proposed road development or is a person who made objections, submissions or observations in relation to that proposal, | ||
or | ||
(ii) in the case of a person (other than a person to whom clause (I), (II), (III), (IV) or (V) applies), there were good and sufficient reasons for his or her not making objections, submissions or observations, as the case may be. | ||
(d) A substantial interest for the purposes of paragraph (b) is not limited to an interest in land or other financial interest. | ||
(e) A Member State of the European Communities or a state which is a party to the Transboundary Convention shall not be required, when applying for leave to apply for judicial review of a decision referred to in paragraph (c), to comply with the requirements of that paragraph. | ||
(f) (i) The determination of the High Court of an application for leave to apply for judicial review, or of an application for judicial review, shall be final and no appeal shall lie from the decision of the High Court to the Supreme Court in either case, except with the leave of the High Court, which leave shall only be granted where the High Court certifies that its decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Supreme Court. | ||
(ii) This paragraph shall not apply to a determination of the High Court, in so far as it involves a question as to the validity of any law, having regard to the provisions of the Constitution. | ||
(g) Where an application is made for judicial review under this section in respect of part only of a decision referred to in subsection (2), the High Court may, if it thinks fit, declare to be invalid or quash the part concerned or any provision thereof without declaring to be invalid or quashing the remainder of the decision or part of a decision, and if the Court does so, it may make any consequential amendments to the remainder of the decision or part of a decision that it considers appropriate. | ||
(h) References in subsection (2) and this subsection to the Order shall be construed as including references to the Order as amended or re-enacted (with or without modification) by rules of court. | ||
(5) (a) Where an application is made for leave to apply for judicial review, or an application is made for judicial review, in respect of— | ||
(i) a decision by a planning authority under section 34 of a class in relation to which the Minister has given a direction under section 126 (5), | ||
(ii) a decision of the Board on an appeal of a decision of a class in relation to which the Minister has given a direction under section 126 (5), | ||
(iii) a decision of a planning authority referred to in subsection (2)(a)(ii), or | ||
(iv) a decision of the Board referred to in subsection (2)(b)(ii) or (iii), | ||
the High Court shall, in determining the application, act as expeditiously as possible consistent with the administration of justice. | ||
(b) The Supreme Court shall act as expeditiously as possible consistent with the administration of justice in determining any appeal made in respect of a determination by the High Court of an application referred to in paragraph (a). | ||
(c) Rules of court may make provision for the expeditious hearing of an application referred to in paragraph (a). |