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Harding v Cork County Council & Anor.

País/Territorio
Irlanda
Tipo de la corte
Nacional - corte superior
Fecha
Oct 12, 2006
Fuente
UNEP, InforMEA
Nombre del tribunal
High Court of Ireland
Juez
Clarke.
Número de referencia
[2006] IEHC 295
Idioma
Inglés
Materia
Cuestiones jurídicas, Medio ambiente gen.
Palabra clave
Manejo de tierras
Resumen
The Applicant challenged planning permission given by the Cork County Council to build a tourism resort in his area. The Applicant was a native and resident of the Kinsale area and one of a number of observers of the planning process. Under the relevant planning legislation,by virtue of s. 50(4)(b) of the Planning and Development Act 2000, the Applicant was required to show that there were "substantial grounds" that the relevant decision was invalid and moreover that he had "substantial interest" in the matter. Notwithstanding his residence and interest in the surrounding area, the High Court found him not to have standing as he did not satisfy the statutory test of "substantial interest". The fact that the Applicant had grown up in the area, lived in the area and had a significant interest in the sea - and therefore the development - did not confer standing on him, though the Applicant might have obtained standing under the traditional test. But this case deals with the issue of standing in a specific statutory context, which applies a stricter standard. The Court found that the question of standing could be dealt with prior to and separately from the "substantial grounds" requirement.