Mr V and Kildare County Council (FOI Act 2014) [2019] IEIC 180321 (19 June 2019)

Mr V and Kildare County Council (FOI Act 2014) [2019] IEIC 180321 (19 June 2019)

The applicant was not affected by the act of rezoning because his company was not the owner at the time of the decision; therefore, he is not entitled to a statement of reasons under section 10 of the FOI Act 2014.

Citation
[2019] IEIC 180321
Parties
Applicant: Mr V; Respondent: Kildare County Council
Jurisdiction
Ireland
Judgment Date
19 June 2019
Procedural Posture
Freedom of Information Review / Final Binding Decision
Outcome
application refused
Legal Topics
Material Interest, Statement of Reasons, Zoning, FOI Act 2014
Administrative Law Freedom of Information Material Interest Statement of Reasons Zoning FOI Act 2014

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Parties

Mr V

Applicant

Kildare County Council

Respondent

Procedural Posture

Freedom of Information Review / Final Binding Decision

Legal Issues

  1. 1 Whether the applicant is entitled to a statement of reasons for the change of zoning under section 10 of the FOI Act 2014

Ratio Decidendi

The applicant was not affected by the act of rezoning because his company was not the owner at the time of the decision; therefore, he is not entitled to a statement of reasons under section 10 of the FOI Act 2014.

Court Disposition

application refused

Orders

  • Council's refusal to provide a statement of reasons affirmed