Category Archives: High Court; Judicial Review; Appeal on the merits; judicial discretion

Can An Bord Pleanála condone a defective application?

As a rule it can be said that An Bord Pleanála (ABP) have very little discretion, and this mostly involves their conduct of public / oral hearings, and only if they decide to hold the hearing at all (See sections … Continue reading

Posted in Framore Limited, High Court; Judicial Review; Appeal on the merits; judicial discretion, Peremptory law; Directory Law; Planning and Devlopment Act of 2000 | Tagged , , , , , , , | 9 Comments

Evaluating O’Grianna

One of the refreshing aspects of writing a blog is its immediacy. Rather than waiting on a peer-reviewed journal which can take from three months to a year to publish, the blog offers instantaneous publication. . This immediacy is also … Continue reading

Posted in High Court; Judicial Review; Appeal on the merits; judicial discretion, judicial review; Wednesbury Test; O'Keeffe; rationality; Separation of Powers | Tagged , , , | 15 Comments

O’Grianna and others v. An Bord Pleanala – Part 2

“Laws are like cobwebs, which may catch small flies, but let wasps and hornets break through.”   (Jonathan Swift) . You will remember the judgment of Peart J. in O’Grianna and others v. An Bord Pleanala [2014] IEHC 632 which was … Continue reading

Posted in EU Renewable Energy 2020 Target, High Court; Judicial Review; Appeal on the merits; judicial discretion | Tagged , , , , , | 14 Comments