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High Court refuses to grant leave to applicant, as an environmental activist, to challenge planning board's decision to refuse to grant approval for development of a civic plaza, on the grounds that: (a) Irish and EU standing rules do not afford the applicant the requisite locus standi to challenge the impugned decision in circumstances where the applicant had not participated at all in the planning process, did not have a sufficient interest in the development concerned and where the unsuccessful applicant in the planning process itself (a County Council) did not take part in the proceedings in any meaningful way; and (b) EU law did not require the Irish Courts to afford the applicant standing in such a case in order to ensure that it met its obligations to ensure 'wide access to justice' to the 'public concerned'.
Judicial review - planning and development - application for leave - issue of locus standi - planning board's decision refusing to grant approval for proposed development - applicant environmental activist not involved in planning application - inspector's recommendation to board to refuse to approve proposed development given adverse impacts on traffic - applicant's concerns over waste of public resources - intended grounds of challenge - compliance with habitats directive - undisputed facts in proceedings - national rules on standing - Order 84 r.20(5) RSC - planning and development legislative regime on standing - failure to participate in planning process - sufficient interest - sufficient proximity - impugned decision does not give rise to nay adverse intervention into the environment - no European site potentially threatened - unsuccessful applicant who sought permission does not participate in proceedings - no special connection and no participation in planning process - standing under EU environmental law - Irish rules on standing in environmental cases reasonably liberal - nothing in EU law which requires the court to interpret Irish national standing rules, in compliance with its obligations to ensure wide access to justice to afford the applicant standing in the circumstances - leave refused
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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