R v Somerset County Council, ex parte Dixon [1997]

ARC
applied for planning permission to extend their mining operation.
Granted
by Somerset CC.
Applicant
was local resident, parish councillor and candidate for election to district
council.
Sought
to challenge grant of permission.
Did
he have sufficient interest?
Sedley
J held that where there is arguable case for misuse of public power at leave stage, court when considering issue
of standing need only seek to exclude busybodies, troublemakers and those with
ill-motive or no legitimate concern at all.
Applicant
was none of these and was entitled to draw court’s attention to alleged
illegality in grant of planning permission which was bound to have
environmental impact.
However,
application for leave dismissed on other grounds.