Entitlement to challenge planning permission
Entitlement to challenge planning permission
Q A group of local OAPs, who simply like things the way they are, are planning to challenge a decision in favour of our industrial development on the ground that a number of school journeys will be greatly lengthened. Does their manifest lack of genuine concern about this matter necessarily mean that that they have no locus standi to bring their application?
A No: see the distinction drawn by the Court of Appeal (on somewhat different facts) in R (on the application of Kides) v South Cambridgeshire District Council [2002] EWCA Civ 1370; [2002] 42 EG 160 (CS). The difference lies between a person with no real or genuine interest in obtaining the relief sought and one who does have such an interest but relies on a matter in which he has no personal interest. The latter class of applicant is entitled to present a challenge on all available grounds.
