The Supreme Court has dismissed James Kenny’s appeal against an order allowing An Bord Pleanála to execute a costs award arising from an unsuccessful planning judicial review.
The appeal concerned only enforcement of the costs order, the court said. It did not reopen the 2000 decision granting planning permission to Trinity College Dublin for student accommodation at a site in Dartry, Dublin, or determine Mr Kenny’s earlier challenge to that permission.
The Board’s costs in the original proceedings were taxed at €56,637.06 in November 2002. In January 2009, the High Court granted the Board leave to issue execution on the order. Mr Kenny appealed that decision, arguing that the matter should be adjourned while he pursued other avenues, including a complaint to the European Commission about the environmental impact statement for the development. He also alleged that Trinity had submitted false documents about the proposed boiler facilities. Those were his submissions; the Supreme Court did not determine the allegations in this appeal.
The judgment traced earlier proceedings. In 2000, the High Court refused Mr Kenny and other residents leave to seek judicial review, finding they had not shown substantial grounds to challenge the planning permission. The court also refused a certificate to appeal. In 2008, the Supreme Court rejected Mr Kenny’s attempt to prevent enforcement of the Board’s costs, after a related claim against Trinity failed.
The Supreme Court said the 2008 order was final and remained in force. It noted that Mr Kenny had accepted that the outcome of the claim against Trinity meant his defence to enforcement would fail. No basis had been shown to set aside that order, the judgment said. The court therefore dismissed the appeal, leaving the High Court order permitting execution in place.