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Development of visitors’ centre could proceed despite reference to CJEU on ‘habitats’ directive
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Supreme Court dismisses appeal from High Court, and affirms refusal to quash a grant of planning permission for a visitor's centre, notwithstanding that the High Court in the same proceedings had made a reference to the Court of Justice of the European Union (CJEU) concerning the Irish regulations purportedly implementing an EU 'habitats' directive, on the grounds, inter alia, that the validity of the planning permission could not be affected by the outcome of the reference to the CJEU.
O'Donnell CJ (nem diss): Judicial review - planning and development - issues of European law - development of visitor centre by local authority - planning process commenced in 2017 - environmental impact assessment report (EIAR) - submission of EIAR to An Bord Pleanala - request for further information - grant of permission - challenge on 98 grounds - validity of Regulations 51 and 54 of the European Communities Birds and Natural Habitats Regulations of 2011 (S.I. 477 of 2011) - implementation of Habitats Directive, 2009/147/EC - derogation from 2011 directive - whether applicant sought to challenge decision itself or the validity of the 2011 regulations - reference to Court of Justice of the European Union (CJEU) - whether refusal to quash planning permission was incorrect, given reference to CJEU on validity of regulations.
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