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The Supreme Court, following an oral hearing, has granted partial leave to appeal in a case challenging An Bord Pleanála's decision not to require an Environmental Impact Assessment (EIA) or a Natura Impact Statement (NIS) for a proposed road through a proposed Natural Heritage Area and which is located in an area of Special Protection Area. The High Court had previously rejected the application for judicial review, upholding the Board's decision. The Supreme Court's leave to appeal focuses on the issue of whether the absence of site-specific conservation objectives for a Special Protection Area (SPA) invalidates the Board's determination. Leave was refused in respect of other grounds.
Supreme Court, leave to appeal, An Bord Pleanála, Environmental Impact Assessment (EIA), Natura Impact Statement (NIS), Special Protection Area (SPA), judicial review, Article 34.5.4⁰ of the Constitution, environmental law, Habitats Directive, Birds Directive, Directive 2009/147/EC, Directive 2011/92/EU, site-specific conservation objectives, infrastructure development, public importance, transposition of EU directives, judicial pleading rules, Ord. 84, r. 20(3), Article 267 reference, Court of Justice.
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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