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Friends of the Curragh Environment Ltd -v- An Bord Pleanála & Ors.

Country/Territory
Ireland
Type of court
National - higher court
Date
Jul 14, 2006
Source
UNEP, InforMEA
Court name
High Court of Ireland
Judge
Kelly .
Reference number
[2006] IEHC 243
Language
English
Subject
Environment gen., Legal questions
Keyword
Land-use planning Liability/compensation
Abstract
The Applicant's principal objects are to preserve, protect and improve the environment and heritage of the Curragh by representing the interests of members of the community. They sought to judicially review two decisions of An Bord Pleanála concerning the realignment of a section of roadway and the approval of plans to construct a hotel on the Curragh racecourse. The High Court found that in principle it had jurisdiction to award a pre-emptive costs order (PCO) but refused to do so on facts which did not characterise a "public interest law challenge". None of the grounds advanced by the Applicant raised an issue or issues of general public importance. The issue involved the application of well-established principles to new facts. The Court accepted that the Applicant, as distinct from at least some of its members, may well have had no private interest in the outcome of the case. However, there was no evidence that those acting for the Applicant were doing so on a pro bono basis. It was difficult for the Court to see how it would be fair or just to make a PCO in this case as "...such orders are most exceptional. This case exhibits no circumstances which would merit such an order....".