Planning and Development (Strategic Infrastructure) Act 2006
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Judicial review of, and determination of questions of law arising in, certain matters. |
13.— The following sections are substituted for section 50 of the Principal Act: | |
“Judicial review of applications, appeals, referrals and other matters. | ||
50.— (1) Where a question of law arises on any matter with which the Board is concerned, the Board may refer the question to the High Court for decision. | ||
(2) A person shall not question the validity of any decision made or other act done by— | ||
(a) a planning authority, a local authority or the Board in the performance or purported performance of a function under this Act, | ||
(b) the Board in the performance or purported performance of a function transferred under Part XIV, or | ||
(c) a local authority in the performance or purported performance of a function conferred by an enactment specified in section 214 relating to the compulsory acquisition of land, | ||
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) Subsection (2)(a) does not apply to an approval or consent referred to in Chapter I or II of Part VI. | ||
(4) A planning authority, a local authority or the Board may, at any time after the bringing of an application for leave to apply for judicial review of any decision or other act to which subsection (2) applies and which relates to a matter for the time being before the authority or the Board, as the case may be, apply to the High Court to stay the proceedings pending the making of a decision by the authority or the Board in relation to the matter concerned. | ||
(5) On the making of such an application, the High Court may, where it considers that the matter before the authority or the Board is within the jurisdiction of the authority or the Board, make an order staying the proceedings concerned on such terms as it thinks fit. | ||
(6) Subject to subsection (8), an application for leave to apply for judicial review under the Order in respect of a decision or other act to which subsection (2)(a) applies shall be made within the period of 8 weeks beginning on the date of the decision or, as the case may be, the date of the doing of the act by the planning authority, the local authority or the Board, as appropriate. | ||
(7) Subject to subsection (8), an application for leave to apply for judicial review under the Order in respect of a decision or other act to which subsection (2)(b) or (c) applies shall be made within the period of 8 weeks beginning on the date on which notice of the decision or act was first sent (or as may be the requirement under the relevant enactment, functions under which are transferred under Part XIV or which is specified in section 214, was first published). | ||
(8) The High Court may extend the period provided for in subsection (6) or (7) within which an application for leave referred to in that subsection may be made but shall only do so if it is satisfied that— | ||
(a) there is good and sufficient reason for doing so, and | ||
(b) the circumstances that resulted in the failure to make the application for leave within the period so provided were outside the control of the applicant for the extension. | ||
(9) References in this section to the Order shall be construed as including references to the Order as amended or replaced (with or without modification) by rules of court. | ||
Section 50: supplemental provisions. | ||
50A.— (1) In this section— | ||
‘ Court ’, where used without qualification, means the High Court (but this definition shall not be construed as meaning that subsections (2) to (6) and (9) do not extend to and govern the exercise by the Supreme Court of jurisdiction on any appeal that may be made); | ||
‘ Order ’ shall be construed in accordance with section 50; | ||
‘ section 50 leave ’ means leave to apply for judicial review under the Order in respect of a decision or other act to which section 50(2) applies. | ||
(2) An application for section 50 leave shall be made by motion on notice (grounded in the manner specified in the Order in respect of an ex parte motion for leave)— | ||
(a) if the application relates to a decision made or other act done by a planning authority or local authority in the performance or purported performance of a function under this Act, to the authority concerned and, in the case of a decision made or other act done by a planning authority on an application for permission, to the applicant for the permission where he or she is not the applicant for leave, | ||
(b) if the application relates to a decision made or other act done by the Board on an appeal or referral, to the Board and each party or each other party, as the case may be, to the appeal or referral, | ||
(c) if the application relates to a decision made or other act done by the Board on an application for permission or approval, to the Board and to the applicant for the permission or approval where he or she is not the applicant for leave, | ||
(d) if the application relates to a decision made or other act done by the Board or a local authority in the performance or purported performance of a function referred to in section 50(2)(b) or (c), to the Board or the local authority concerned, and | ||
(e) to any other person specified for that purpose by order of the High Court. | ||
(3) The Court shall not grant section 50 leave unless it is satisfied that— | ||
(a) there are substantial grounds for contending that the decision or act concerned is invalid or ought to be quashed, and | ||
(b) (i) the applicant has a substantial interest in the matter which is the subject of the application, or | ||
(ii) where the decision or act concerned relates to a development identified in or under regulations made under section 176, for the time being in force, as being development which may have significant effects on the environment, the applicant— | ||
(I) is a body or organisation (other than a State authority, a public authority or governmental body or agency) the aims or objectives of which relate to the promotion of environmental protection, | ||
(II) has, during the period of 12 months preceding the date of the application, pursued those aims or objectives, and | ||
(III) satisfies such requirements (if any) as a body or organisation, if it were to make an appeal under section 37(4)(c), would have to satisfy by virtue of section 37(4)(d)(iii) (and, for this purpose, any requirement prescribed under section 37(4)(e)(iv) shall apply as if the reference in it to the class of matter into which the decision, the subject of the appeal, falls were a reference to the class of matter into which the decision or act, the subject of the application for section 50 leave, falls). | ||
(4) A substantial interest for the purposes of subsection (3)(b)(i) is not limited to an interest in land or other financial interest. | ||
(5) If the court grants section 50 leave, no grounds shall be relied upon in the application for judicial review under the Order other than those determined by the Court to be substantial under subsection (3)(a). | ||
(6) The Court may, as a condition for granting section 50 leave, require the applicant for such leave to give an undertaking as to damages. | ||
(7) The determination of the Court of an application for section 50 leave or of an application for judicial review on foot of such leave shall be final and no appeal shall lie from the decision of the Court to the Supreme Court in either case save with leave of the Court which leave shall only be granted where the 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. | ||
(8) Subsection (7) shall not apply to a determination of the Court in so far as it involves a question as to the validity of any law having regard to the provisions of the Constitution. | ||
(9) If an application is made for judicial review under the Order in respect of part only of a decision or other act to which section 50(2) applies, the Court may, if it thinks fit, declare to be invalid or quash the part concerned or any provision thereof without declaring invalid or quashing the remainder of the decision or other act or part of the decision or other act, and if the Court does so, it may make any consequential amendments to the remainder of the decision or other act or the part thereof that it considers appropriate. | ||
(10) The Court shall, in determining an application for section 50 leave or an application for judicial review on foot of such leave, act as expeditiously as possible consistent with the administration of justice. | ||
(11) On an appeal from a determination of the Court in respect of an application referred to in subsection (10), the Supreme Court shall— | ||
(a) have jurisdiction to determine only the point of law certified by the Court under subsection (7) (and to make only such order in the proceedings as follows from such determination), and | ||
(b) in determining the appeal, act as expeditiously as possible consistent with the administration of justice. | ||
(12) Rules of court may make provision for the expeditious hearing of applications for section 50 leave and applications for judicial review on foot of such leave.”. |