The Court of Appeal has dismissed Galina Heaney’s appeal against the refusal to extend time for her judicial review challenge to planning permission for works at a farm in Moyasta, County Clare.
The judgment, delivered electronically on 31 May 2022, concerned permission granted by An Bord Pleanála for retention of a cattle crush and concrete plinths, and an extension to a livestock slatted house for calf pens. The Board’s decision was dated 27 September 2018. Heaney filed papers in the High Court Central Office on 22 November and moved her ex parte application on 26 November.
The court held that the statutory eight-week period began on the date the Board made its decision, not when Heaney received notice. It also held that, for an application for leave made ex parte, time stops when the application is moved in court. Filing papers in the Central Office does not stop the clock. The period expired on 21 November 2018, making the application late.
The court said an extension under section 50(8) of the Planning and Development Act 2000 requires both a good and sufficient reason and circumstances that caused the late application to be outside the applicant’s control. The assessment of good and sufficient reason may take account of all relevant circumstances, including the reasons for delay and the nature of the case.
Heaney argued that the Board’s delay in posting its decision and the EU environmental law issues raised in her challenge should be considered. The court found she had not explained why she failed to bring the application within the eight-week period or shown that the circumstances were outside her control. It also rejected her argument that the EU principle of effectiveness required a different interpretation or an extension. The court did not decide the substantive planning challenge.
The appeal was dismissed. The court indicated that the Board appeared entitled to its appeal costs, to be adjudicated if not agreed. Heaney was given 14 days to apply for a brief further hearing on a different costs order; absent such an application, the indicated costs order would be made.