Judge assigned to deal with infrastructure project challenges

A High Court judge has been assigned to exclusively deal with all applications for permission to challenge decisions concerning strategic infrastructure developments.

The measure is expected to speed up the hearing of such challenges.

In a practice direction issued on February 2nd, the president of the High Court, Mr Justice Peter Kelly, notified lawyers that all such applications must be made to Mr Justice David Barniville and cannot be made to any other judge.

Mr Justice Barniville will sit each Thursday morning during court terms to hear such applications.

Those seeking leave must file the relevant legal papers in a prescribed form with the High Court central office a week before their leave application is put before Mr Justice Barniville.

The practice direction states, should leave be granted to the applicant to apply for judicial review, Mr Justice Barniville will give “all necessary ancillary directions with a view to ensuring a fair, just, and expeditious hearing of the matter”.

A strategic infrastructure development is defined as development in respect of which a direct application is made for development consent to An Bord Pleanála in accordance with the Planning and Development Act 2000 as amended.

Meanwhile, the Cabinet this week discussed and approved measures which will make it more difficult to challenge major infrastructure projects, large housing developments and data centres.

Those measures include halving from eight to four weeks the period to seek judicial review of major planning decisions and restricting the eligibility of individuals to seek judicial review.