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The Arts Council

Supreme Court will rule on ‘substantial interest’ legal case

The Sunday Business Post

The Supreme Court has been asked to decide what qualifies as a ‘‘substantial interest’’ in a development which would give an objector a right to take judicial review proceedings in the High Court. Normally, decisions by An Bord Pleanala in relation to planning applications are final and may not be appealed to the courts. But under the 2000 Planning and Development Act, objectors with a ‘‘substantial interest’’ in a development may apply for judicial review of a decision which they maintain is invalid or ought to be quashed. The question was referred to the Supreme Court by Mr Justice Frank Clarke following a High Court application by Thomas Harding.