Journal Article

Access to the Courts: A Conflict of Ideologies

in Journal of Environmental Law

Volume 10, issue 1, pages 161-191
Published in print January 1998 | ISSN: 0952-8873
Published online January 1998 | e-ISSN: 1464-374X | DOI: http://dx.doi.org/10.1093/jel/10.1.161
Access to the Courts: A Conflict of Ideologies

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Planning controls — two similar cases concerning quarry development—local residents seek to challenge decisions by local planning authorities—application for leave—requirement to show ‘sufficient interest’—local residents and active environmentalists who visited park in first case held not to have sufficient interest—could show no greater interest than the general publicdifferent judge in second case holds that local resident had sufficient interest—no mere busybody or troublemaker but concerned citizen—public law about misuses of power not private rights—questions of delay raised in both cases—applications made within 3 month time-limit— judge in first case holds that still not sufficiently prompt—judge in second case less strict on delay but leave refused because of lack of legal merit

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Subjects: Environment and Energy Law

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