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High Court refuses judicial review of the adoption by the Government of Ireland of a National Planning Framework (NPF) and National Development Plan (NDP) forming part of 'Project Ireland 2040', on the grounds, inter alia, that: (a) the Minister had made the necessary determination concerning the environmental assessment and 'appropriate assessment' prior to giving consent to the plans; (b) adequate consideration had been made of alternatives to the plans adopted; (c) sufficient consideration had been made of the effects of the plans on climate change, notwithstanding that there was no quantitive assessment; and (d) the submissions from the applicants had been adequately considered prior to the adoption of the plans.
Judicial review - National Planning Framework (NPF) - National Development Plan (NDP) - 'Project Ireland 2040' - strategic environmental assessment - appropriate assessment (AA) - Habitats Directive - validity of assessments - overview of NPF and NDP - chronology - timing issue - whether determination made as part of AA - Art. 6(3) of Council Directive 92/43/EEC - European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. 477/2011) - whether necessary determination made prior to consent - alleged inadequate consideration of alternatives - lack of adequate monitoring - failure to assess effects of plans on climate change - whether adequate consideration given to the submissions of the applicant.
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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