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Represent yourself in a judicial review?

  • 08-02-2017 11:12am
    #1
    v638sg7k1a92bx
    Closed Accounts Posts: 2,913 ✭✭✭


    Considering whether to begin judicial review proceedings on a planning decision. The crux of the review is on a point of law.

    Anyone here ever represented themselves in a judicial review or even been through the process with a solicitor/barrister?


Comments

  • #2
    Metric Tensor
    Registered Users, Registered Users 2 Posts: 3,725 ✭✭✭Metric Tensor


    I have never been involved in a judicial review so I have no advice to give.

    I'd love to know the point of law in question though!


  • #3
    v638sg7k1a92bx
    Closed Accounts Posts: 2,913 ✭✭✭v638sg7k1a92bx


    Metric Tensor wrote: »
    I have never been involved in a judicial review so I have no advice to give.

    I'd love to know the point of law in question though!

    Without going into long winded spiel, IMO the applicant didn't have a sufficient interest in the property to make an application.

    I'll have to take everything into consideration before making a final decision.


  • #4
    Gumbo
    Moderators, Society & Culture Moderators Posts: 40,366 Mod ✭✭✭✭Gumbo


    Jolie Bumpy Needlework wrote: »
    Without going into long winded spiel, IMO the applicant didn't have a sufficient interest in the property to make an application.

    I'll have to take everything into consideration before making a final decision.

    Did he have consent from the owner though?


  • #5
    v638sg7k1a92bx
    Closed Accounts Posts: 2,913 ✭✭✭v638sg7k1a92bx


    kceire wrote: »
    Did he have consent from the owner though?

    No, therein lies the problem. They cannot confirm ownership or ROW over the land that they propose to build. Two previous planning applications were rejected on the basis that they couldn't provide proof of ownership. A third application was then submitted and approved by the council even though no proof of ownership was provided and the application was almost exactly the same. An Bord Pleanala has upheld the council's decision even though the proof of ownership was raised as an issue on appeal.

    Waiting on the inspectors report in the next couple of days.


  • #6
    Angry bird
    Closed Accounts Posts: 808 ✭✭✭Angry bird


    The granting of a planning permission does not confer the right to build, as in must have sufficient legal interest. Seek legal advice on your options.


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  • #7
    Gumbo
    Moderators, Society & Culture Moderators Posts: 40,366 Mod ✭✭✭✭Gumbo


    Jolie Bumpy Needlework wrote: »
    No, therein lies the problem. They cannot confirm ownership or ROW over the land that they propose to build. Two previous planning applications were rejected on the basis that they couldn't provide proof of ownership. A third application was then submitted and approved by the council even though no proof of ownership was provided and the application was almost exactly the same. An Bord Pleanala has upheld the council's decision even though the proof of ownership was raised as an issue on appeal.

    Waiting on the inspectors report in the next couple of days.

    Sounds like the planning departments decided on the application as it was put in. They cannot make judgements on civil matters such as ownership disputes.


  • #8
    SC024
    Registered Users, Registered Users 2 Posts: 586 ✭✭✭SC024


    How is this your problem ?


  • #9
    Metric Tensor
    Registered Users, Registered Users 2 Posts: 3,725 ✭✭✭Metric Tensor


    Your approach may be different OP depending on which of the following is your situation:

    1. You believe you own the land.
    2. The ownership issue is a "means to an end" for you and is just a tool you are using to try to stop the development for some other reason.

    I have not seen the particular part of the planning act that requires the applicant to have a legal interest in the land .... but one may exist. (I know LAs usually ask!) What did the ABP inspector's report say about the issue?


  • #10
    v638sg7k1a92bx
    Closed Accounts Posts: 2,913 ✭✭✭v638sg7k1a92bx


    SC024 wrote: »
    How is this your problem ?

    It's the adjoining property so the development will really impact our privacy.


  • #11
    v638sg7k1a92bx
    Closed Accounts Posts: 2,913 ✭✭✭v638sg7k1a92bx


    Metric Tensor wrote: »
    Your approach may be different OP depending on which of the following is your situation:

    1. You believe you own the land.
    2. The ownership issue is a "means to an end" for you and is just a tool you are using to try to stop the development for some other reason.

    I have not seen the particular part of the planning act that requires the applicant to have a legal interest in the land .... but one may exist. (I know LAs usually ask!) What did the ABP inspector's report say about the issue?

    Number 2.

    AFAIK there is legal precedent (Frescati Estates Ltd v Walker [1975]) that the applicant should have a sufficient legal interest in the land they propose to develop.

    Still waiting on the inspectors report


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  • #12
    Angry bird
    Closed Accounts Posts: 808 ✭✭✭Angry bird


    Section 34 of the planning act, subsection 13 I believe.


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