Mr. K & Kerry County Council [2012] IEIC 110150 (25 June 2012)

Mr. K & Kerry County Council [2012] IEIC 110150 (25 June 2012)

The applicant did not demonstrate a material interest under section 18(5) of the FOI Act, as the Council's decisions affected persons in general or a significant class, not uniquely the applicant.

Citation
[2012] IEIC 110150
Parties
Applicant: Mr. K; Respondent: Kerry County Council
Jurisdiction
Ireland
Judgment Date
25 June 2012
Procedural Posture
Review Application Under Freedom of Information Acts 1997 and 2003 / Final Decision by Senior Investigator
Outcome
request refused; Council's decision affirmed
Legal Topics
Statement of Reasons, Material Interest, Planning Permission, Unauthorised Development
Administrative Law Freedom of Information Statement of Reasons Material Interest Planning Permission Unauthorised Development

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Parties

Mr. K

Applicant

Kerry County Council

Respondent

Procedural Posture

Review Application Under Freedom of Information Acts 1997 and 2003 / Final Decision by Senior Investigator

Legal Issues

  1. 1 Whether the applicant is entitled to a statement of reasons under section 18 of the FOI Act
  2. 2 Whether the applicant has demonstrated a material interest affected by the Council's acts

Ratio Decidendi

The applicant did not demonstrate a material interest under section 18(5) of the FOI Act, as the Council's decisions affected persons in general or a significant class, not uniquely the applicant.

Court Disposition

request refused; Council's decision affirmed

Orders

  • Council's refusal of statement of reasons under section 18 of the FOI Act is justified