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High Court, following successful substantive planning and development judicial review proceedings challenging the status of Ministerial regulations concerning peat extraction and exempted development, makes final orders and sets aside the regulations as being ultra vires domestic legislation and inconsistent with EU Directives.
Judicial review - supplemental judgment - precise form of order to be made - substantive challenge to validity of two statutory instruments as being inconsistent with EU Directives relating to peat extraction - dispute as to whether order should be predicated on a finding that regulations were ultra vires the planning and development legislative schema - order simpliciter setting aside peat extraction regulations 2019 on basis they are ultra vires domestic legislation - court's inherent jurisdiction to disapply national legislation which is inconsistent with EU law - order for costs not opposed.
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.
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