Country
Ireland
Sources
InforMEA
Tagging
Licences, Standing, Evidence, Property, Declaratory Relief, Environmental Impact Assessments, Air pollution, Contract, Inspections, Jurisdiction
Abstract
The Applicant sought to challenge the development of a dual carriageway through the Glen of the Downs, described in the judgment as "an area of outstanding natural beauty and ecological diversity". The applicant in that case had demonstrated a genuine interest in the matter and was in a position to present expert evidence on a range of points, all of which were pertinent to the huge stake the public at large had in relation to the proper and lawful management of the Glen of the Downs. The High Court found that the Applicant had standing. The Applicant and his associates were "genuine and bona fide with a passionate commitment to the environment" and could present expert evidence on a range of points relevant to this unique nature reserve. Nevertheless, having found that the Applicant had standing, the Court warned that this should not be interpreted as giving a "green light" to other similar challenges. Finally, he did not consider it necessary to weigh fully the merits of each point before forming a view on standing.