Courts / Ireland / Report

Court dismisses appeal over Corrib gas terminal planning permission as moot

Summary

Dunne J dismissed an appeal by applicant Dismissing Sweetman regarding planning permission for a gas terminal in County Mayo. The case concerned Shell's compliance with Condition 37, which required security for land reinstatement. In 2005, Sweetman sought injunctions under section 160 of the Planning and Development Act 2000. Smyth J previously held that Shell had substantially complied with the condition. Sweetman appealed to the Supreme Court in 2006 but did not actively pursue the matter until 2014, when it appeared on the uncertified list. By the time of the hearing, Shell had completed the terminal and commenced production. Sweetman did not seek to shut down the plant but wanted a determination that Condition 37 was not complied with. Dunne J noted that Sweetman effectively had to be forced to proceed with the litigation. She stated that the delay decreased his likelihood of success, as the court's power under section 160 is discretionary. The judge considered the impact on Shell, which had invested significantly, and on employees. Dunne J found that there was no live dispute between the parties because the Council had agreed to Shell's security arrangement. Consequently, the appeal was dismissed as moot. The court emphasized that it is unacceptable to conduct litigation in this manner, particularly when seeking injunctive relief after significant delays.

Who, what, where, when and why

What: Report matter: Court dismisses appeal over Corrib gas terminal planning permission as moot. Procedural stage: hearing_or_decision

When:

• October 2004 Hearing Or Sentence
• March 2005 Hearing Or Sentence
• March 2006 Hearing Or Sentence
• April 2006 Hearing Or Sentence
• 2016-02-09 Publication

Case subjects

Places mentioned

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Stage Hearing Or Decision

Read the original CNI report