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Proposed airport underpass did not contravene local area plan
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The High Court has refused judicial review of a decision to grant permission for the construction of an airport underpass. The court found that the temporary loss of aircraft stands did not materially contravene the local area plan, as the intention was not to permanently reduce the number of stands. Additionally, the court held that the Water Framework Directive did not require refusal of permission unless the project positively contributed to the restoration of good water status, and the applicant failed to demonstrate any factual basis suggesting that the project would jeopardize the attainment of good water status. The court also found that any lack of detail in the Environmental Impact Assessment Report was understandable given the circumstances, and thus not a basis for certiorari.
Judicial Review, Airport Underpass, Environmental Impact Assessment Report (EIAR), Natura Impact Statement (NIS), Water Framework Directive, Surface Waters Regulations, Certiorari, Local Area Plan (LAP), Strategic Housing Development (SHD), Planning and Development Act, European Communities Environmental Objectives, Good Ecological Potential, Good Surface Water Chemical Status, Temporary Loss of Aircraft Stands, Material Contravention, Justification for Contravention, Ecological Status of Surface Waterbodies, Groundwater Status, Mitigation Measures, Construction Methods, Detailed Design, Eurocode 7.
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.
