High Court, in planning and development judicial review proceedings, grants local resident leave to challenge by way of judicial review a decision of the planning board granting planning permission for strategic housing development works in his locality, on the grounds that: the applicant has a sufficient interest in the matter as a concerned local resident and member of his local residents' association which previously filed certain objections to the board; and there are 'substantial grounds' shown in certain of his proposed grounds challenging the decision relating to the contents of the board's inspector's report and the conclusions reached by the board in light of local area county council development plans.
Judicial review - planning and development - application for leave - planning board's decision granting planning permission for strategic housing development - test for grant of leave - time limit - substantial grounds criterion - sufficient interest - applicant local resident concern for locality - legal test of establishing 'substantial grounds' - reliefs including certiorari - proposed grounds - whether planning board failed to give consideration to constitutional challenge to planning legislation and planning regulations - presumption of constitutionality - 'arguable grounds' criterion pursuant to Order 84 RSC - rational preliminary analysis - whether board failed to give sufficient consideration to safety at site - risk of subsidence - whether a failure to properly consider residents' associations expressed concerns - proposed reformulation of ground - board's failure to reference applicant in list of observers noted by board's inspector in his report qualifies as a substantial ground - whether board failed to adequately consider county council's planning objectives on coastal erosion - whether board erred in granting permission - whether proposed development is inconsistent with county council's zoning objectives - grounds on which leave is to be granted - application to proceed by originating notice of motion - costs reserved