Springview Management Company Ltd. v. Cavan Developments Ltd. [1999] IEHC 29; [2000] 1 ILRM 437 (29th September, 1999)

Springview Management Company Ltd. v. Cavan Developments Ltd. [1999] IEHC 29; [2000] 1 ILRM 437 (29th September, 1999)

The applicant failed to demonstrate substantial grounds for judicial review as no prejudice was shown from alleged defects in the site notice or availability of plans. The applicant company lacks locus standi because it was formed after the planning permission was granted, has no property or public interest rights, and is seeking to protect private interests only.

Citation
[2000] 1 ILRM 437
Parties
Applicant: Springview Management Company Limited; Respondent: Cavan Developments Limited; Respondent: South Dublin County Council
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Application for Leave
Outcome
leave refused
Legal Topics
Site Notice Requirements, Locus Standi, Planning Permission Compliance, Public Interest Standing
Planning Law Administrative Law Site Notice Requirements Locus Standi Planning Permission Compliance Public Interest Standing

Case Brief

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Parties

Springview Management Company Limited

Applicant

Cavan Developments Limited

Respondent

South Dublin County Council

Respondent

Procedural Posture

Judicial Review / Application for Leave

Legal Issues

  1. 1 Whether defects in the site notice justify judicial review of the planning decision
  2. 2 Whether the applicant company has locus standi to challenge the planning decision

Ratio Decidendi

The applicant failed to demonstrate substantial grounds for judicial review as no prejudice was shown from alleged defects in the site notice or availability of plans. The applicant company lacks locus standi because it was formed after the planning permission was granted, has no property or public interest rights, and is seeking to protect private interests only.

Court Disposition

leave refused

Orders

  • Application for leave to seek judicial review refused