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Supreme Court dismisses appeal from High Court, and affirms refusal to grant judicial review of approval by An Bord Pleanala of flood defence works proposed by a local authority, on the grounds that: (a) the decision to carry out an Environmental Impact Assessment (EIA) 'screening' exercise was the responsibility of the board when considered in its statutory context; (b) if the decision to carry out EIA screening were left to the local authority as developer, it would result in an absurdity; and (c) despite the complications of the legislation as amended, it was clear that, where an 'Appropriate Assessment' was required, it was a matter for the board to determine whether an EIA screening was also required.
Woulfe J (nem diss): Judicial review - approval of development by local authority - flood defence works - s.177AE of the Planning and Development Act 2000 - Environmental Impact Assessment - 'EIA screening' - conclusion that no requirement for EIA - approval of board in accordance with inspector's recommendation - lack of jurisdiction of board to carry out EIA screening - appeal to Supreme Court on matter of general public importance - whether board had jurisdiction to conduct an EIA screening exercise - whether jurisdiction to conduct an EIA screening could be read by implication from section 177AE(15) - statutory context.
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