Latest Update on Judicial Review | St Pauls Playing Fields
Update from CRA & I Love St Anne's
Judicial Review St. Paul’s Playing Fields in St Anne’s
We were back in court yesterday. An Bord Pleanála has admitted to an error in the case. They have stated that the error relates to the recording of their decision as opposed to the basis for their decision. Accordingly, they are seeking to have the matter remitted back to them for a new decision.
Our view is that the Board applied the wrong legal test i.e. they decided the development would not be likely to have a significant effect on the site when the test that should have been applied is that the development would not have an adverse effect on the site. For this reason, we believe the decision should be quashed outright.
Yesterday, Judge Barniville heard the various arguments in relation to this.
Judge Barniville also heard arguments about the point in the process to which the matter should be remitted if the decision is not quashed outright.
The Board are seeking to go back to the Inspector’s Report, hold a new meeting and make a new decision. We are of the opinion that if the Board maintains the only error is a recording one then they should simply rerecord their decision correctly. In this case, we are likely to be back in court in a matter of weeks as the substantive arguments in our case will not have been heard.
As the matter is under consideration by Judge Barniville we will not be in a position to comment further for the moment and we would ask you not to speculate here. The Judge’s ruling will be given on Tuesday morning and we will provide a further update at that stage. In the meantime, you can contact us at Clontarf.email@example.com or firstname.lastname@example.org.