The Supreme Court dismissed an appeal by the Construction Industry Federation, ruling that the unincorporated trade association did not have locus standi to challenge Dublin City Council’s development contribution scheme.
The judgment, delivered by Mr Justice McCracken on 18 March 2005, concerned a judicial review application seeking to quash the Council’s decision of 1 December 2003 to make a scheme under section 48 of the Planning and Development Act 2000. The Federation also sought consequential declaratory and other relief.
The High Court had refused the relief on its merits but found that the Federation had standing to bring the case. On appeal, the Supreme Court allowed the Council to argue the standing issue despite there being no cross-appeal or application to vary. It directed that standing be considered as a preliminary issue.
The Court said it was not then considering the High Court’s decision on the substantive issue or the merits of the application, except insofar as they affected standing. Its decision therefore did not determine whether the development contribution scheme was lawful.
The Federation was described in the judgment as representing parties in the construction business, including most of the major construction firms and property developers in the State. It did not itself carry out development or construction projects. It argued that the scheme affected all or almost all of its members within the Council’s functional area, giving it a common interest with them.
Mr Justice McCracken said a representative body may sometimes be permitted to bring judicial review, particularly where a decision might otherwise escape scrutiny. But he found no justification for relaxing the usual requirement that an applicant have a sufficient interest in the outcome. The challenge was not tied to a particular planning application or to damage suffered by the Federation itself. The judgment also noted that individual members could bring a challenge and that there was no evidence they would be deterred from doing so.
The Court concluded that the Federation had no interest beyond that of its individual members and dismissed the appeal for lack of locus standi.