Planning and Development Act 2024

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Sufficient interest

286. (1) Subject to subsections (2) and (3), an applicant shall not be regarded as having a sufficient interest in a matter to which a ground pleaded in Part 9 judicial review proceedings relates unless the applicant is, or may be, directly or indirectly materially affected by the matter.

(2) Where Part 9 judicial review proceedings relate to a development that is likely to have significant effects on the environment or on a European site, or to an act or omission by any person that contravenes a provision of this Act, or an enactment under this Act, relating to the environment, an applicant shall be regarded as having a sufficient interest in a matter to which the proceedings relate (regardless of whether the applicant is, or may be, directly or indirectly materially affected by the matter) where—

(a) the applicant has existed for a period of not less than one year prior to the date on which proceedings were brought and is—

(i) a company, or

(ii) an undertaking incorporated under the laws of a Member State that has—

(I) limited liability, and

(II) a constitution,

(b) the constitution of the applicant includes an object related to the promotion of environmental protection relevant to the matters to which the proceedings relate and the applicant has pursued the object for a period of not less than one year prior to bringing the proceedings,

(c) the applicant has no fewer than 10 members at the time the proceedings are brought, and

(d) the board of directors (or equivalent governing body) of the applicant has passed a resolution in accordance with its constitution authorising the bringing of the proceedings prior to bringing them.

(3) An applicant other than an unincorporated body of persons shall be regarded as having a sufficient interest in a matter (regardless of whether it is, or may be, directly or indirectly materially affected by the matter) where the applicant—

(a) made submissions of a material nature to or before the relevant body whose decision, act or failure is at issue in the proceedings, and

(b) made the submissions referred to in paragraph (a) in accordance with the requirements applicable to such submissions.

(4) Without prejudice to subsection (1), an unincorporated body of persons shall not be regarded as having a sufficient interest in a matter to which a ground pleaded in Part 9 judicial review proceedings relates, unless—

(a) it is a partnership within the meaning of the Partnership Act 1890 ,

(b) it is a limited partnership within the meaning of the Limited Partnerships Act 1907 ,

(c) it may sue or be sued in the High Court in its own name under Order 14 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ), or

(d) the body—

(i) has a constitution,

(ii) holds a vote among its members, in accordance with its constitution, on whether to apply for Part 9 judicial review proceedings in relation to the ground,

(iii) is authorised to bring the proceedings in relation to the ground by no less than two thirds of the members casting a vote, and

(iv) provides, with its application for Part 9 judicial review proceedings, an affidavit sworn or attested to by a person on behalf of the body—

(I) in which the person avers to—

(A) the body’s compliance with subparagraphs (i) to (iii), and

(B) the total number of members of the body,

and

(II) to which is exhibited a list of the names and addresses of the members of the body who, in the vote referred to in subparagraph (ii), cast a vote in favour of bringing the proceedings.

(5) For the avoidance of doubt, a sufficient interest shall not be limited to an interest in land or a financial interest.

(6) In this section, “constitution”, in relation to an unincorporated body of persons or an undertaking that is not a company, means a written document that governs the operation of the body or undertaking in a manner comparable to the constitution of a company.