‘Substantial Interest’ requirement for judicial review of planning decisions: Harding v Cork County Council and An Bord Pleanála and Xces Projects Ltd now known as Kinsale Harbour Developments Ltd [2008] IESC 27; [2008] 2 ILRM 251

Abstract

The Supreme Court of Ireland recently considered the criteria by which a person may be said to have a “substantial interest” (which is the statutory requirement) in a planning matter which is sufficient to allow that person to bring judicial review proceedings. Although the Court went some way towards clarifying an important issue in Irish planning and development law, it did not spell out a detailed set of criteria for future applications and its approach to the issue indicates an overly restrictive view of the scope of locus standi in planning cases, raising concerns about the denial of relief where a procedural error occurs but no-one who is directly affected comes forward (although this may not be a common issue in practice).