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The High Court, considering a judicial review relating to national planning guidelines and their compliance with strategic environmental assessment requirements, ruled on the formulation of questions to be referred to the Court of Justice of the European Union (CJEU). The judge sided with the respondent in finding that parts of the guidelines which are not binding do not set the framework for future consent and thus do not warrant referral, reflecting recent European jurisprudence. However, the judge accepted the applicants’ request to broadly frame the first question around the need for an interpretation of the directive consistent with international conventions, and included reference to the Kyiv Protocol, highlighting the importance of public participation rights. The draft questions to be sent to the CJEU were accordingly revised following detailed submissions from both sides.
judicial review – strategic environmental assessment – planning guidelines – public participation – high court – reference to CJEU – Directive 2001/42/EC (SEA Directive) – Aarhus Convention – Kyiv Protocol on Strategic Environmental Assessment – ‘have regard’ obligation – binding legal requirements – mandatory effect – land use planning – environmental law – interpretation of EU law
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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