Ask a solicitor: My neighbour wants to build a housing estate

I made objections to An Bord Pleanala and engaged a planning consultant to assist with the objections. An Bord Plenanala has very recently upheld the original permission. 

The planning consultant informed me that I cannot appeal it further, but we can look at the decision-making process. What does this mean, and what are my legal options?

Dear Reader,

There is a process in Ireland called Judicial Review is a mechanism by which an application can be made to the High Court to challenge the decision making processes of administrative bodies and lower courts.

The basic principles of public decision-making are:

• The decision-maker must have the authority to make the decision that affects you. If the decision-maker has the authority to make the decision, it must not go beyond the limits of its authority
• You are entitled to fair procedures in how the decision is reached. This means that the decision-maker must not be biased, and the decision-maker must give you a fair hearing. You must be given an adequate opportunity to present your case. You must be informed of the matter and you must be given a chance to comment on the material put forward by the other side.
• The decision maker must comply with all legal requirements governing the decision and its making.

If the decision-maker does not have authority, does not give you fair procedures, or does not comply with the law, you may bring judicial review proceedings in the High Court to challenge the decision.

If you wish to begin Judicial Review proceedings, you should instruct a solicitor. You should obtain advice from the planning consultant as to whether they are of the view there is a basis for bringing a Judicial review application. 

You would need to instruct a solicitor, and the first step is that an application be made to the High Court seeking permission or leave to judicially review a decision of the planning authority in question. The application must be made within eight weeks from the date of the decision of the planning authority.

The leave stage is used to identify applications at an early stage, which or without merit. At the leave stage, you must show that you have "sufficient interest" in the matter and demonstrate that you are affected in some way by the decision you are challenging.

The application to the court is based on a statement of grounds and grounding affidavits of the person bringing the application. This statement should set out the reasons a judicial review is sought. Typically if leave to proceed is granted, the applicant may then bring judicial review proceedings.

The respondent, who in planning matters is normally the body that made the final decision, has an opportunity to oppose the application and can file a statement of opposition and reply affidavits.

Normally, the legal teams also file legal submissions, and then the application is heard by the court. Any person who may be affected by the judicial review proceedings and judgment should be notified or may apply to be heard as a notice party.

A court can then grant a number of remedies. The most common in planning is an Order of Certiorari, where the court can cancel the original decision. The original decision-maker generally must then re-examine the case and issue a new decision.