A HIGH Court judge who refuses to allow a challenge to a decision of a planning authority or An Bord Pleanala, cannot have his order appealed to the Supreme Court.
The ruling was banded down by the Supreme Court yesterday.
Irish Asphalt Ltd had appealed a High Court refusal by he President of the High Court leave to seek a judicial review of a decision by An Bord Pleanala.
The High Court judge had also refused the company a certificate of leave to appeal against his finding to the Supreme Court.
Mr Justice Barrington said the effect of new subsections in Local Government (Planning and Development) Act 1992 was to prevent a person questioning the validity of a planning authority decision or of the planning board except by way of application for judicial review.
Leave to bring such an application could only be granted if the High Court was satisfied there were substantial grounds for contending that the decision was invalid or ought to be quashed.