Tag Archives: High Court; Peart J.; An Bord Pleanala; Framore Limited; remittal; judicial discretion; appeal and review; Cork County Council; Justice Michael Peart; Jonathan Swift; O’Grianna; Planning & Develop

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

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