Gordon Duff v Causeway Coast and Glens Borough Council [2023] NICA 22

The Court of Appeal in Northern Ireland recently delivered its judgment in Gordon Duff v Causeway Coast and Glens Borough Council [2023] NICA 22.

The core issue before the Court of Appeal was whether the judge at first instance was correct to refuse leave to apply for judicial review on the basis that he found the Appellant did not have standing to bring the judicial review.

The legal proceedings related to a challenge to the grant of planning permission by Causeway Coast and Glens Borough Council for an ‘infill’ dwelling in Drumsurn.

When considering the issue, the Court of Appeal helpfully set out the legal principles on standing to be applied in Northern Ireland.

The appeal was successful by virtue of the particular circumstances of the case and specifically the fact that the Appellant had been expressly invited by Causeway Coast and Glens Borough Council to issue the judicial review proceedings to correct a public wrong.

It was emphasised by the Court of Appeal that this was an “exceptional case” which was “highly fact specific and should not be taken as a charter for the Appellant or others to bring myriad judicial reviews in this area”.

For further details on this judgment or queries relating to standing to bring planning or environmental law judicial review proceedings, please contact Nicole McAlroum from the Planning and Environmental Law team.

*This information is for guidance purposes only and does not constitute, nor should be regarded, as a substitute for taking legal advice that is tailored to your circumstances.