The High Court has refused permission to appeal a case management decision regarding the applicability of the Aarhus Convention in a planning dispute over a sewage treatment works in Peel.
The Aarhus Convention is an international treaty focused on environmental democracy, granting the public rights to access information, participate in environmental decision-making, and seek justice in environmental matters
Applicants David and Selina Jones sought to challenge Acting Deemster Arrowsmith’s refusal to hold a preliminary hearing on whether they were entitled to Aarhus Convention protections, which could limit their legal costs.
Mr Jones previously appealed against the planning application for the works, raising concerns about the potential impact on his land, which has planning permission for a housing development
Judge of Appeal Anthony Cross KC ruled that “the proposed appeal has no real prospect of success on any of the grounds” and said that the Acting Deemster’s decision was “plainly a case management decision” within his discretion.
The court noted that an adverse ruling on the Aarhus issue would not necessarily determine the outcome of the case, and an appeal could delay a trial, set for August 2025.
The applicants had argued that without Aarhus cost protection, they might have to discontinue their claim due to “the threat of extensive and unknown legal costs”.
However, the court found no fault in the Acting Deemster’s application of legal principles, ruling that the appeal lacked merit under the High Court’s procedural rules.
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