The High Court refused Martin McCreesh leave to bring a judicial review challenging An Bord Pleanála’s confirmation of a compulsory purchase order made by Louth County Council. The court held that the application was brought within the statutory time limit, but found no substantial grounds for granting leave.
The decision, delivered by Mr Justice Richard Humphreys on 8 July 2016, concerned a board decision dated 30 March 2016. Notice of that decision was published by the council on 6 April. McCreesh filed his application on 27 May and moved it in court on 30 May. The board was served on 10 June, following a direction made by the judge.
The board argued that the application was out of time and that there were no substantial grounds. On timing, it relied on an earlier comment that an ex parte application was not made until it was moved in court. The judge treated that comment as obiter and said later authority, read alongside the practice direction requiring papers to be filed before an application is moved, supported filing as the relevant step. He held that the application is made on the earlier of filing or moving it in court. Because McCreesh filed within time, the later service did not make the application late.
On the merits threshold for leave, McCreesh alleged that the order resulted from a conspiracy and argued that the site was not derelict. The judge said the conspiracy claim was supported only by McCreesh’s assertions. He also noted that the board had not found the site to be derelict and had acknowledged that the order’s schedule should describe the house as fit for human habitation. A challenge to the site valuation appeared to concern the merits rather than legality.
The judge also found that claims about lack of due process and the appointment of auctioneers were not particularised enough to establish substantial grounds. He refused leave. Under section 50A(7) of the Planning and Development Act 2000, the order cannot be appealed to the Court of Appeal without leave of the High Court.