Minister’s decision to approve forestry development was fair

Fair procedures – appeal of High Court refusal to quash a decision by the Minister to give consent to a particular afforestation development at Adoon, Gorvagh, Co. Leitrim – Article 5 of the European Communities (Forest Consent and Assessment) Regulations 2010 (S.I. 558 of 2010) – Mr. Curran was advised in the wake of the objection and the subsequent field inspection that certain portions of the site would be refused for a forestry scheme due to high water table and drainage issues – Directive 2011/92/EU (as amended by Directive 2014/52/EU) – Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (1998) – Aarhus Convention – publication requirements and fair procedures – s. 22(9)(c) of the Forestry Act 2014 – procedures provided for in the 2010 Regulations were in fact ineffective to give Mr. McCaffrey notice of the application prior to the closing date for public consultation – whether the applicant was given a meaningful opportunity to be heard after the close of the public consultation date – trial judge was entitled to reach that conclusion that it would not be just and proper to quash the approval decision – appeal dismissed.