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Harding v Cork County Council & Anor.

Pays/Territoire
Irlande
Type de cour
Nationale - cour supérieure
Date
Oct 12, 2006
Source
UNEP, InforMEA
Nom du tribunal
High Court of Ireland
Juge
Clarke.
Numéro de référence
[2006] IEHC 295
Langue
Anglais
Sujet
Questions juridiques, Environnement gén.
Mot clé
Planification territoriale
Résumé
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.