Harding v Cork County Council & Anor [2006] IEHC 295 (12 October 2006)

Harding v Cork County Council & Anor [2006] IEHC 295 (12 October 2006)

Mr. Harding failed to demonstrate a substantial interest as required by s.50(4)(b) of the Planning and Development Act 2000; his connection to the area, familial ties, and regular visits do not meet the statutory threshold. Leave for judicial review is refused on this basis.

Citation
[2006] IEHC 295
Parties
Applicant: Thomas Harding; Respondent: Cork County Council; Respondent: An Bord Pleanála; Notice Party: XCES Projects Limited (now Kinsale Harbour Resort Developments Limited)
Jurisdiction
Ireland
Judgment Date
12 October 2006
Procedural Posture
Judicial Review / Application for Leave to Seek Judicial Review
Outcome
Leave to seek judicial review refused
Legal Topics
Standing, Adequate Remedy, Planning Permission, Public Participation, Fair Procedures
Administrative Law Planning Law Standing Adequate Remedy Planning Permission Public Participation Fair Procedures

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Parties

Thomas Harding

Applicant

Cork County Council

Respondent

An Bord Pleanála

Respondent

XCES Projects Limited (now Kinsale Harbour Resort Developments Limited)

Notice Party

Procedural Posture

Judicial Review / Application for Leave to Seek Judicial Review

Legal Issues

  1. 1 Whether the applicant has a substantial interest (standing) to seek judicial review under s.50(4)(b) of the Planning and Development Act 2000
  2. 2 Whether an appeal to An Bord Pleanála constitutes an adequate remedy precluding judicial review
  3. 3 Whether Cork County Council complied with statutory requirements and fair procedures in granting planning permission

Ratio Decidendi

Mr. Harding failed to demonstrate a substantial interest as required by s.50(4)(b) of the Planning and Development Act 2000; his connection to the area, familial ties, and regular visits do not meet the statutory threshold. Leave for judicial review is refused on this basis.

Court Disposition

Leave to seek judicial review refused

Orders

  • Application for leave dismissed