Landowner could pursue damages for designation of land as Special Area of Conservation

The Court of Appeal has allowed an appeal from the High Court, and set aside an order striking out a landowner's claim, thereby allowing him to pursue a claim for damages due to the designation of his land as a Special Area of Conservation (SAC). However, the court upheld the dismissal of the landowner's claim that his lands had been unlawfully compulsorily acquired. The original High Court judgment had struck out the proceedings on several grounds, including lack of standing and risk of double recovery. The Court of Appeal found that the landowner had standing to challenge the designation, was within the time limit to bring the proceedings, and that the complexity of the case made it unsuitable for disposal by a motion to strike out. The court also rejected the respondents' argument that the proceedings constituted a collateral attack on the Directive and its implementation in Ireland. However, the court agreed that the landowner's claim of compulsory acquisition was based on a fundamental misconception and was bound to fail.