Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
The High Court, in proceedings seeking judicial review of planning permission for a wind farm development, referred a question to the Court of Justice of the European Union (CJEU) regarding the necessity of established conservation objectives for appropriate assessment screening under EU law. The original decision to grant planning permission was based on the finding that there was no reasonable possibility of the development affecting any European site. The referral to the CJEU seeks clarity on whether the absence of specific conservation objectives should impact the screening process for environmental assessments.
Wind farm development, planning permission, environmental impact assessment, Natura 2000, special areas of conservation, Directive 92/43/EEC, Directive 2009/147/EC, appropriate assessment (AA), conservation objectives, Court of Justice of the European Union (CJEU), preliminary ruling, strategic infrastructure development (SID), Blackwater Callows Special Protection Area (SPA), Planning and Development Act 2000, European Communities (Birds and Natural Habitats) Regulations 2011, referral question, integrity of the site, overriding public interest.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only fast reporting service for all Irish judgments over the past ten years. Click here to request a subscription.
Register Now