Construction Industry Federation -v- Dublin City Council [2005] IESC 16 (18 March 2005)

Construction Industry Federation -v- Dublin City Council [2005] IESC 16 (18 March 2005)

The Construction Industry Federation does not have locus standi to bring this judicial review as it has no sufficient interest beyond that of its individual members, who are capable of bringing proceedings themselves. There is no justification for departing from the normal rule requiring a sufficient personal interest.

Citation
[2005] IESC 16
Parties
Applicant/appellant: Construction Industry Federation; Respondent/respondent: Dublin City Council
Jurisdiction
Ireland
Judgment Date
18 March 2005
Procedural Posture
Judicial Review Appeal / Supreme Court Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Locus Standi, Judicial Review, Development Contribution Scheme
Administrative Law Planning Law Locus Standi Judicial Review Development Contribution Scheme

Case Brief

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Parties

Construction Industry Federation

Applicant/appellant

Dublin City Council

Respondent/respondent

Procedural Posture

Judicial Review Appeal / Supreme Court Appeal From High Court

Legal Issues

  1. 1 Whether the Construction Industry Federation has sufficient interest (locus standi) to bring judicial review proceedings challenging Dublin City Council's decision to make a development contribution scheme under s.48 of the Planning and Development Act 2000.

Ratio Decidendi

The Construction Industry Federation does not have locus standi to bring this judicial review as it has no sufficient interest beyond that of its individual members, who are capable of bringing proceedings themselves. There is no justification for departing from the normal rule requiring a sufficient personal interest.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; High Court order affirmed; application refused for lack of locus standi.