Question referred to European court concerning jurisdiction to carry out valid appropriate assessment under Habitats Directive

Court of Appeal has referred a question to the Court of Justice of the European Union (CJEU) regarding the necessity of site-specific conservation objectives for conducting a valid Appropriate Assessment (AA) under the Habitats Directive. This referral stems from a dispute over the validity of a decision by An Bord Pleanala to grant permission for modifications to a windfarm in County Waterford, despite the absence of site-specific conservation objectives for the Blackwater Callows Special Protection Area (SPA). The High Court had previously upheld the Board's decision, concluding that the AA was valid as the development would not adversely affect the integrity of the SPA, particularly in relation to the Whooper Swan, a qualifying interest species. The Court of Appeal's referral seeks to clarify whether conservation objectives are a jurisdictional prerequisite for a valid AA when granting development consent.