The Supreme Court has rejected an attempt by the Irish Hardware Association to pursue a further appeal over planning permission for retail warehousing at Liffey Valley Town Centre in Clondalkin.
The dispute arose from an application by Barkhill Limited to South Dublin County Council in March 1998. The original proposal was for five retail warehouse units totalling about 12,165 square metres. Following a request for further information, the plans were altered to provide one large unit of about 9,650 square metres, together with a garden centre and dry-goods store.
The council decided to grant permission in May 1999 and formally issued the permission on July 1 after no planning appeal was lodged within the prescribed period.
The Irish Hardware Association later sought judicial review. It argued, among other points, that the approved development differed significantly from the original application and that the public should have been notified of the changes.
The High Court dismissed that challenge in July 2000. It subsequently refused to certify that its decision involved a point of law of exceptional public importance for which a Supreme Court appeal was desirable in the public interest.
The association then asked the Supreme Court to direct the High Court judge to issue such a certificate.
Chief Justice Keane, delivering the Supreme Court's judgment, said the issue had already been settled in an earlier planning case, Irish Asphalt Ltd v An Bord Pleanála. Under the statutory scheme, a High Court planning judicial review decision is final unless the High Court itself grants leave to appeal by issuing the required certificate.
The Supreme Court held that the wording of the legislation made clear that the certification decision belonged to the High Court alone. The restriction was intended to promote speed and certainty in planning litigation by limiting further appeals.
The court therefore refused the association's application. Its alternative requests to remit issues to the High Court or require reasons for the refusal of certification were not pursued.