The High Court has found that Alex and Shahla Thompson brought their challenge to a planning permission one day outside the statutory time limit, but has not yet finally disposed of the time issue. It directed the applicants to notify the State of their EU-law objections and listed the matter for a further mention.
The case concerns An Bord Pleanála’s decision, dated 28 June 2023, to grant Kathy and Barry O’Donnell permission for a single-storey infill dwelling on a subdivided site on Howth Road, Sutton, Dublin 13. The Thompsons sought judicial review of that decision, raising grounds including alleged failures to assess daylight and residential amenity impacts, and concerns about environmental assessment.
The applicants argued that the eight-week period to seek leave ran from when they were notified of the decision. The court rejected that interpretation for a normal planning decision, holding that time runs from the decision date, even where the Board is late in notifying applicants. It found the Board had missed the statutory three-day period for publishing the decision materials: the documents appeared online on 5 July, although the applicants received the Board’s letter on 4 July.
On the court’s calculation, the eight-week period expired on 22 August 2023. The applicants initiated proceedings on 23 August. The court also rejected their application to extend time under section 50(8), finding that the failure to act within the period was not caused by circumstances outside their control. It attributed the delay primarily to their mistaken belief about when time began and their decision to correspond with the Board while awaiting a reply.
However, the court left open whether EU law affects how the time limit applies where notification is late or lacks a specified deadline. It noted that the Supreme Court had previously upheld the time limit in a different context, while identifying questions that may require further argument on these facts. The applicants had not yet involved the State in that issue.
The order requires the applicants, within seven days of the judgment, to serve notice on the Chief State Solicitor’s Office on behalf of Ireland and the Attorney General, setting out their EU-law objections and proposed procedure. The matter is to return for mention on 11 March 2024. The court’s decision on the timing and extension arguments remains subject to that further consideration; it did not determine the underlying planning challenge in this judgment.