The Supreme Court allowed an appeal by Save the South Leinster Way and Tara Heavey, ruling that their application to challenge planning permission for a wind farm was filed within the statutory time limit. The eight-week deadline would ordinarily have fallen on a Sunday, when the court offices were closed, and the application was filed the following Monday.
The judgment, delivered by Justice Donnelly on 5 December 2024, concerns a proposed development of 21 wind turbines in County Kilkenny. An Bord Pleanála granted permission to Springfield Renewables Ltd on 26 September 2022. The appellants filed their grounding affidavit and statement of grounds and sought leave for judicial review on 21 November 2022.
The High Court had treated the application as one day late. It refused the appellants’ alternative request to extend time under section 50(8) of the Planning and Development Act 2000 and dismissed the proceedings. The appellants argued on appeal that the deadline ran to the next working day because the court offices were closed on the Sunday.
The Supreme Court held that a common law presumption applies where an act required to bring proceedings needs court action, but cannot practically be done on the final day because the court offices are closed. In those circumstances, the time limit expires on the next day the offices are open. The Court found that the presumption applied to the planning judicial review time limit in section 50(6).
The Court said the High Court’s practice direction required papers for an ex parte judicial review application to be lodged in the Central Office beforehand. Although a duty judge may be available outside ordinary sitting days, the Court concluded it was not practicable to require such applications to be made at weekends or on public holidays.
Because the application was within time under that interpretation, the Court said it was unnecessary to decide the parties’ EU law arguments or whether an extension should be granted. It allowed the appeal. The judgment did not determine the substantive challenge to the planning permission; it resolved the time-limit issue at the leave stage.