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High Court, in planning and development judicial review proceedings, refuses to quash decision by Environmental Protection Agency to grant a revised emissions license to a waste management facility, on the grounds that: (1) notwthstanding the fact that the facility had also lodged an application for planning permission for the construction of a development to cope with such emissions on the site from the relevant planning authority, the agency is not required (and is not under a legal duty) to interrogate the validity of any related planning permissions granted; and (2) nor is it required to assess the adequacy of any assessments carried out, in circumstances where the applicant is impermissibly seeking to collaterally attack the planning permissions granted by the local county council to the notice party where the council is not a party to the application for review.
Judicial review - environmental agency's decision to grant a revised emissions license for a waste management facility - certiorari - whether environmental impact assessment properly carried out concerning planning issues - summary of facts - license permitting threshold of waste at facility - license unitary in nature - relevant regulatory code pertaining to waste licenses - application by developer to construct new facility to allow for increased capacity to deal with waste, the subject of the license itself - grant of license by inspector subject to conditions - opportunity granted to public to make submissions - appropriate assessment determined no reasonable scientific doubt remained as to the absence of adverse effects of the permitted activity - environmental impact directive - key provisions - legality of dual consent process - two lacunae in Irish domestic law implanting directive - information within assessment only required to be 'taken into account' rather than being expressly required to be the subject of an assessment - environmental agency's ability to decide a question of pollution before an appropriate planning application is made - domestic legislation subsequently amended by statutory instrument - agency's power to review a revised license - legislative conditions pertaining to issue of license - implicit acceptance on part of applicant that county council was required to carry out an environmental impact assessment if an application for planning permission for proposed site was made - appropriate judicial remedies available are in accordance with directive - contention (1) that the grant of the license results in the granting of development consent for entire project authorising an increased amount of waste, (2) that agency had a duty to interrogate the validity of permission granted, & (3) that planning permission was granted unlawfully where county council as not and will not conduct an environmental impact assessment - development consent granted on the environmental side does not import development consent on the planning side - county council not a party to proceedings and has no opportunity to make submissions regarding an alleged failure to carry out an assessment - impermissible collateral attack on validity of permissions granted by county council - agency not responsible for validity and actions of planning board - reliefs refused.
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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