McHenry's Application
| Jurisdiction | Northern Ireland |
| Judge | Gillen J |
| Judgment Date | 28 March 2007 |
| Neutral Citation | [2007] NIQB 22 |
| Date | 28 March 2007 |
| Court | Queen's Bench Division (Northern Ireland) |
| Year | 2007 |
Neutral Citation no. [2007] NIQB 22 Ref:
GILC5780
Judgment: approved by the Court for handing down Delivered:
26/03/07
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
IN THE MATTER OF AN APPLICATION BY FRANCIS McHENRY FOR
LEAVE TO APPLY FOR JUDICIAL REVIEW
IN THE MATTER OF A DECISION OF THE PLANNING APPEALS
COMMISSION DATED 22 NOVEMBER 2006
________
GILLEN J
[1] This is an application for leave to apply for judicial review of a decision
of the Planning Appeals Commission (“the PAC”) dated 22 November 2006
(“the impugned decision”) whereby it refused the applicant’s appeal from a
decision of the Department of Environment Planning Service. The applicant
seeks leave for:
(a) A declaration that the impugned decision was unlawful, ultra vires, in
breach of the applicant’s right to a fair hearing and contrary to natural
justice/procedural fairness.
(b) An Order of Certiorari quashing the impugned decision.
(c) An Order pursuant to s.21 Judicature (Northern Ireland) Act 1978
remitting the matter to the PAC for further consideration and determination
in accordance with such directions and guidance as may appear appropriate
to the court.
(d) It is well settled law that in order to be permitted to present a judicial
review application, the applicant must raise an arguable case on each of the
grounds on which he seeks to challenge the impugned decision. (See R v SOS
for the Home Department ex parte Cheblank [1991] 1 WLR 890.
[2] The applicant makes the following points:
(a) On 9 May 2005 he submitted an application to the Department of
Environment Planning Service for permission to construct a single dwelling
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4 cases
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James Hugh Allister, Benyamin Naeem Habib, Steve Aiken, The Rt Hon. Arlene Isobel Foster, Barroness Catharine Hoey of Lylehill and Rathlin and William David, The Rt Hon. Baron Trimble of Lisnagarvey and Secretary of State for Nothern Ireland and Clifford Peeples and (1) The Prime Minister (2) Secretary of State for Northern Ireland (3) Chancellor of The Duchy of Lancaster
...[1994] NIJB 27 (instances of problems with previous solicitors); Re D’s Application [2003] NIJB 49 or Re McHenry’s Application [2007] NIQB 22 (instances of seeking public funding or legal advice). The exceptions to this adjuration are McCabe at paras 28 – 29 and Re Shearer [1993] 2 NIJB 12 ......
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Newry Chamber of Commerce and Trade's Application
...it “produced a crop of objections and adverse comments from members of the public” (Morelli, para10). [112] In McHenry’s Application [2007] NIQB 22 the attention of the Court was drawn inter alia to Morelli and to the later case of Thallon v DOE (NI) [1982] NI 26. In considering the questio......
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Director of Public Prosecution's Application
...time starts to run – see Re Shearer’s Application [1993] NIJB 12 and Re McCabe’s Application [1994] NIJB 27. In Re McHenry’s Application [2007] NIQB 22 Gillen J observed at paragraph (3) of his judgment: “(3) For the removal of doubt, I make it clear that an application for judicial review ......
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Blackburn’s (Louisa) Application (Leave Stage)
...applications made within the three month period may still be deemed out of time for lack of promptitude e.g. Re McHenry’s Application [2007] NIQB 22, para 3(iii); see also para 3.27 of Judicial Review in Northern Ireland – Gordon Anthony. [10] I am satisfied that this application for judici......