Significant Delay Fatal To Judicial Review

In an interesting judgment delivered by Mr Justice David Barniville in the High Court on 24 January 2018 in SC SYM Fotovoltaic Energy SRL v Mayo Co Council, Aeolus Wind Farms Limited and ESB Networks Limited the Court held that there was no 'good and sufficient reason' for a significant delay in applying for judicial review of a planning decision.

Time-limit for judicial review

In the ordinary course, an application for judicial review of a planning decision must be made within eight weeks of the decision – section 50(6) of the Planning and Development Act 2000, as amended (the 2000 Act). However, in certain limited circumstances the Court may grant an extension of time – section 50(8) of the 2000 Act.