Lancefort Ltd v an Bord Pleanála, Ireland and Attorney General (No. 2)

JurisdictionIreland
Judgment Date01 January 1997
Date01 January 1997
CourtHigh Court
(S.C.)
(H.C.)
Lancefort Ltd
and
An Bord Pleanála (No. 2)

- Locus standi - Application for leave - Whether threshold issues -Whether legal and factual merits of ground advanced relevant to locus standi - Whether substantial grounds sufficient to give applicant locus standi - Whether company without property or economic interest can have locus standi - Rules of the Superior Courts, 1986 (S.I. No. 15), O. 84, r. 20 (4) - Local Government (Planning and Development) Act, 1963 (No. 28), s. 82 -European Communities (Environmental Impact Assessment) Regulations, 1989 (S.I. No. 349) - Local Government (Planning and Development) Regulations, 1994 (S.I. No. 86), art. 56 (2) - Council Directive 85/337/EEC.

Section 82(3B) of the Local Government (Planning and Development) Act, 1963, as inserted by s. 19(3) of the Local Government (Planning and Development) Act, 1992, provides that :- "… An application for leave to apply for judicial review under the Order in respect of a decision … shall … be made within the period of two months commencing on the date on which the decision is given, and … be made by motion on notice … and such leave shall not be granted unless the High Court is satisfied that there are substantial grounds for contending that the decision is invalid or ought to be quashed." Order 84, r. 20(4) of the Rules of the Superior Courts, 1986, provides that :- "The court shall not grant leave unless it considers that the applicant has a sufficient interest in the matter to which the application relates." The European Communities (Environmental Impact Assessment) Regulations, 1989 which implement...

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    ... ... 269 STATUTE OF LIMITATIONS 1957 LANCEFORT LTD v BORD PLEANALA & TREASURY HOLDINGS LTD 1999 ... OF POLLUTION EX-PARTE GREENPEACE LTD (NO 2) 1994 4 AER 329 223/2004 - McCracken ... 9There is a general principle set out in a judgment of Henchy J in ... ...
  • Martin Harrington v Ireland and Attorney General (an Bord Pleanála) & others
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    ... ... AND P. IRELAND LIMITED, MAYO COUNTY COUNCIL AND OTHERS Notice Parties [2005] IEHC 344 RECORD No. 1164/JR/2004 THE HIGH COURT PLANNING AND ENVIRONMENTAL LAW Judicial review Application for leave - ... scrutinise if serious failure properly to apply law - Substantial grounds - Ryanair v An Bord Pleanála [2004] IEHC 52, [2004] 2 IR 334 ; Lancefort Ltd v An Bord Pleanála (No 2) [1999] 2 IR 270 ; McNamara v An Bord Pleanála (No 1) [1995] 2 ILRM 125 ; Jackson Way Properties Ltd v Minister ... ...
  • VZ v Minister for Justice
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    • Supreme Court
    • 1 March 2002
    ...for the Environment [1999] 4 I.R. 608. Kiely v. Minister for Social Welfare [1977] I.R. 267. Lancefort v. An Bord Pleanála (No. 2) [1997] 2 I.L.R.M. 508. Laurentiu v. Minister for Justice [1999] 4 I.R. 26; [2000] 1 I.L.R.M. 1. McNamara v. An Bord Pleanála [1995] 2 I.L.R.M. 125. Mooney v. An......
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1 books & journal articles
  • Fagade Retention? Standing of Incorporated Persons to Challenge Planning Permission
    • Ireland
    • Trinity College Law Review No. II-1999, January 1999
    • 1 January 1999
    ...factor which should be taken into account when deciding whether or not to grant a discretionary remedy and should not be taken into 13 [1997] 2 ILRM 508, at 513. 14 [1994] 2 IR 128; [1994] 2 ILRM 1. '5 [1998] 2 ILRM 401, at 422-423. 16 Simons, "Lancefort v. An Bord PleandIa" (1998) 5 IPELJ ......

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