The High Court has granted Volkmar Klohn leave to seek judicial review of An Bord Pleanála’s decision to grant planning permission for a fallen animal collection and processing facility at Anchonry, Tubbercurry, County Sligo.
The permission, subject to conditions, was granted on 30 April 2004 under planning reference 03/717. The judgment identifies Sligo County Council and Maloney and Matthews Animal Collection Limited as notice parties. The case was heard by Mr Justice de Valera, who delivered judgment on 31 July 2007.
Klohn alleged that the environmental impact statement (EIS) did not adequately describe alternatives considered or explain the developer’s choice, and omitted information about links between environmental factors. He also argued that revisions submitted during the planning appeal were not properly assessed, and that additional information was not circulated to him or other participants so they could comment.
His grounds further alleged that An Bord Pleanála failed to follow required environmental assessment and public notice procedures, lacked jurisdiction to decide the application because of the alleged EIS deficiencies, and breached fair procedures. These were claims advanced in support of the leave application, not findings that the Board had acted unlawfully.
The court considered the application at the leave stage. It said the threshold required substantial grounds: arguments that were reasonable, arguable and weighty, with real substance, while leaving the ultimate outcome undecided. The judge found that grounds (i) to (viii) met that threshold and granted leave to seek judicial review on them. He rejected ground (ix), which alleged that the decision was unreasonable and contrary to reason and common sense, as insufficiently substantial.
The judge also found that Klohn had the “substantial interest” required under section 50(4)(b) of the Planning and Development Act 2000. The ruling grants permission to bring the judicial review; it does not determine whether the planning decision is invalid or quash the permission. The judgment does not state the outcome of any later judicial review proceedings.