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Residents’ association had capacity to bring judicial review of planning decision
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Supreme Court dismisses appeal from preliminary issue determined in High Court, and affirms decision that unincorporated residents' association had the capacity to bring judicial review to challenge a decision to grant permission to the expansion of a waste water treatment plant.
Clarke J (nem diss): Unincorporated associations - residents' association - challenge to expansion of waste water treatment works - oral hearing before An Bord Pleanala - permission granted - European Communities (Birds & Natural Habitats) Regulations 2011 (S.I. No. 473 of 2011) - preliminary issue determined in High Court (Charleton J) - whether association had capacity to bring proceedings - appeal from finding that association did have capacity - Aarhus Convention, Directive 2003/35/EC - locus standi - lack of legal personality - inability to bring proceedings removed by s 50A, Planning and Development Act 2000 - exception to normal position - Council Directives 85/337/EEC and 96/61/EC (“The Public Participation Directive”) - participation by associations, organisations and groups - inference that s 50A, 2000 Act intended any environmental non-governmental organisations to bring relevant judicial review proceedings.
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