Permits, Licences, Standing

A piece of land was leased by one of the respondents to another. The land was to be used for the construction of a restaurant, and a development permit was applied for. The District Council denied the permit because of problems related to pollution, overcrowding and erosion of the public beach. There had also been objections from the public. Other applications were made after the first one.

The Town and Country Planning Board then granted the permit, which was then appealed by three individuals.

The court commented on four issues. First, it established that it was necessary to take into account the views of the public. Second, all environmental could be taken into account, and an authority was not limited to what was in a PER. Third, the Court commented on the building of a car park. Fourth, the Town and Country Planning Board was seen as having acting within its remit.

The appeal was allowed and the decision of the Town and Country Planning Board was reversed.