Lancefort Ltd. v. An Bord Pleanala (No.2) [1998] IESC 14; [1999] 2 IR 270; [1998] 2 ILRM 401 (21st July, 1998)

Lancefort Ltd. v. An Bord Pleanala (No.2) [1998] IESC 14; [1999] 2 IR 270; [1998] 2 ILRM 401 (21st July, 1998)

Lancefort Limited, though incorporated after the Board's decision, demonstrated bona fide public interest, active participation by its members in planning procedures, and sufficient connection to the development. The company is not barred per se from standing; its bona fides, public interest role, and compliance with security for costs orders establish sufficient interest. The common law and statutory requirements for locus standi in environmental judicial review are satisfied. The High Court's order affirming Lancefort's standing is upheld.

Citation
[1998] 2 ILRM 401
Parties
Applicant: Lancefort Limited; First Respondent: An Bord Pleanála; Notice Party/developer: Treasury Holdings Limited; Second and Third Respondents: Ireland and the Attorney General
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Appeal on Locus Standi and Related Points
Outcome
Lancefort Limited affirmed as having locus standi; cross appeal dismissed.
Legal Topics
Locus Standi, Judicial Review, Environmental Impact Assessment, Security for Costs, Public Interest Litigation
Administrative Law Environmental Law Planning Law Constitutional Law Locus Standi Judicial Review Environmental Impact Assessment Security for Costs +1 more

Case Brief

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Parties

Lancefort Limited

Applicant

An Bord Pleanála

First Respondent

Treasury Holdings Limited

Notice Party/developer

Ireland and the Attorney General

Second and Third Respondents

Procedural Posture

Judicial Review / Appeal on Locus Standi and Related Points

Legal Issues

  1. 1 Whether Lancefort Limited has locus standi to bring judicial review proceedings regarding planning permission and environmental impact assessment
  2. 2 Whether a company incorporated after the relevant planning decision can have standing
  3. 3 Whether public interest litigants can access the courts in environmental matters

Ratio Decidendi

Lancefort Limited, though incorporated after the Board's decision, demonstrated bona fide public interest, active participation by its members in planning procedures, and sufficient connection to the development. The company is not barred per se from standing; its bona fides, public interest role, and compliance with security for costs orders establish sufficient interest. The common law and statutory requirements for locus standi in environmental judicial review are satisfied. The High Court's order affirming Lancefort's standing is upheld.

Court Disposition

Lancefort Limited affirmed as having locus standi; cross appeal dismissed.

Orders

  • Order of the High Court affirming Lancefort's locus standi affirmed.
  • Security for costs ordered: £15,000 for Ireland and the Attorney General, £25,000 for Treasury Holdings Limited, to be lodged in court.