Upcoming Events

National | Environment

no events match your query!

New Events

National

no events posted in last week

Blog Feeds

Anti-Empire

Anti-Empire

offsite link China Backs Cuba in Saying US Should App... Mon Jul 26, 2021 14:38 | Tom O’Connor

offsite link Make the Red Triangle Nazis Used to Mark... Mon Jul 26, 2021 12:22 | CJ Hopkins

offsite link Harvesting the Sickening Fruit of Lockdo... Mon Jul 26, 2021 11:25 | Peter C. Earle

offsite link Supposedly Russia Is Moving to Limit Isr... Mon Jul 26, 2021 10:18 | The Times of Israel

offsite link COVID Macarena: Relive Your 1st Lockdown... Sun Jul 25, 2021 09:47 | Edward Slavsquat

Anti-Empire >>

The Saker
A bird's eye view of the vineyard

offsite link Spoilers may create hurdles in the Afghan Peace Process Mon Jul 26, 2021 15:37 | amarynth
By Zamir Awan for the Saker Blog The recent air strikes on the Taliban positions in Afghanistan is an open breach of the Peace Treaty signed between the Taliban and

offsite link Excuse me, Sir, but are you civilized? Sun Jul 25, 2021 18:47 | amarynth
by Naresh Jotwani for the Saker Blog Washington Post recently ran an article with headline which contained the two phrases “civilized nations” and “deter Beijing and Moscow” (see a review

offsite link Sayyed Nasrallah?s Full Speech in the ?Renewing Media Discourse and Managing Confrontation? Conferen... Sun Jul 25, 2021 08:51 | amarynth
https://www.english.alahedn... Translated by Staff The Secretary-General of Hezbollah, His Eminence Sayyed Hassan Nasrallah, delivered a speech at the opening session of the Renewing Media Discourse and Managing Confrontation Conference on

offsite link Foreign Ministry Statement on the interstate claim brought by Russia against Ukraine with the Europe... Fri Jul 23, 2021 12:22 | amarynth
https://www.mid.ru/en/forei... On July 22, 2021, the Russian Federation filed an interstate complaint against Ukraine to the European Court of Human Rights (ECHR) invoking Article 33 of the Convention for the

offsite link Moveable Feast Cafe 2021/07/23 ? Open Thread Fri Jul 23, 2021 08:00 | Herb Swanson
2021/07/23 07:00:01Welcome to the ‘Moveable Feast Cafe’. The ‘Moveable Feast’ is an open thread where readers can post wide ranging observations, articles, rants, off topic and have animate discussions of

The Saker >>

Public Inquiry
Interested in maladministration. Estd. 2005

offsite link Youth power – Don’t ask – Take

offsite link When the establishment betrays the people?s trust Anthony

offsite link The day Eoghan Harris went bad Anthony

offsite link Declining standards in Irish journalism Anthony

offsite link Mainstream media: Failing to speak truth to power Anthony

Public Inquiry >>

Human Rights in Ireland
A Blog About Human Rights

offsite link 5 Year Anniversary Of Kem Ley?s Death Sun Jul 11, 2021 12:34 | Human Rights

offsite link Poor Living Conditions for Migrants in Southern Italy Mon Jan 18, 2021 10:14 | Human Rights

offsite link Right to Water Mon Aug 03, 2020 19:13 | Human Rights

offsite link Human Rights Fri Mar 20, 2020 16:33 | Human Rights

offsite link Turkish President Calls On Greece To Comply With Human Rights on Syrian Refugee Issues Wed Mar 04, 2020 17:58 | Human Rights

Human Rights in Ireland >>

Lack of public consultation leads to quashing of 10 An Bord Pleanala consents

category national | environment | press release author Wednesday April 28, 2021 21:35author by foie - Friends of the Irish Environment Report this post to the editors

Press Release - Friends of the Irish Environment 28th April 2021

High Court quashes last 8 of Bord na Mona’s ‘ghost’ planning applications
Lack of public consultation leads to quashing of 10 An Bord Pleanala consents

The High Court has quashed decisions of An Bord Pleanala to grant leave to apply for substitute consent, in respect of a number of peat extraction and quarry applications. The two-step, ‘substitute consent’ system, by which developers had to make ‘threshold’ applications to regularise previous unauthorised activities before applying for planning permission, was found not to comply with the EIA Directive by the Supreme Court in July 2020 in cases brought by An Taisce, the National Trust, and Peter Sweetman in relation to a quarry in County Kildare.

In July 2020, Friends of the Irish Environment challenged 8 applications submitted to An Bord Pleanala by Bord na Mona. All these challenges were based on the fact that the Board’s decisions to grant leave to apply for substitute consent were made without public consultation at this first ‘threshold’ application stage. The impugned decisions were made subsequent to the Supreme Court ruling but before the legislation was amended in December 2020.

The procedure which applied until new legislative provisions were introduced in December 2020, to address the Supreme Court ruling, did not permit members of the public to participate or make submissions as to whether or not ‘exceptional circumstances’ existed that would allow leave be granted in order to regularise the planning status of a development carried out without EIA.

The Supreme Court highlighted the issue thus:
‘It must be remembered that the underlying purpose of public participation in environmental matters is to facilitate good, fully informed decision making, it being acknowledged that the public as a whole is one of the greatest repositories of environmental information.’

While it was ‘common case’ that the decisions were invalid, the issue before Mr Justice Simons was whether the Court should make an order of certiorari, setting aside the impugned decisions or in the alternative an order declaring that the impugned decisions have no legal effect.

In opening his ex tempore Judgment delivered on 23 April and due to be published today, High Court Judge Garrett Simons said ‘Ultimately, however, I cannot discern any logic to the overly nuanced approach adopted by the State respondents and An Bord Pleanála. It seems to me that the Applicants brought a case that was well founded, and they are entitled to an order of certiorari.’

‘The subtlety and sophistication of this distinction is one which would be lost on all save the most pedantic of administrative lawyers’. He added. ‘The distinction between the form of the two orders is razor thin’.

Summarizing his decision, Justice Simons pointed out that ‘this court as a national court is required to give effect to the EIA Directive. That is clearly established in the case law of the Court of Justice, commencing with Case C-201/01, Wells. It seems to me that the only way that that can properly be done in this case is to make an order of certiorari.’

Finally, he suggested that it was a ‘nice question of law’ if the invalid decisions became reanimated and valid once the new legislation was enacted on 19 December 2020.

Suggesting that if the matter came before him ‘it might well be appropriate to make a reference to the EU Court of Justice, he pointed out that ‘One thing the parties are agreed on is that they do not want this Court in these proceedings to embark upon such a consideration of the new legislative regime. In circumstances where no one wants me to do otherwise, and where it does not form part of the pleadings before me, I will not rule on the validity of the new legislation’, he concluded.

Contact: Tony Lowes 353 (0)87 2176316 / 353 (0)27 74771

NOTES
The judgment did not cover two applications where it is not yet apparent whether there will be a subsequent application for development consent. They have been adjourned, with liberty to re-enter.

[1] An order of certiorari: ‘Quashing’ or ‘setting aside’ a decision.
[2] Declaratory Relief: A declaration that the impugned decisions should be declared to have no legal effect, but not set aside.

References:
[2021] IEHC 234
2020 No.’s 485 to 491 J.R.
2020 No. 418 J.R.
2020 No.’s 539 & 540 J.R.

ENDS

This Press Release
https://www.friendsoftheirishenvironment.org/press-releases/17969-high-court-quashes-last-8-of-bord-na-mona-s-ghost-planning-applications
Copyright © 2021 Friends of the Irish Environment, All rights reserved.
Press Release

Our mailing address is:
Friends of the Irish Environment
Kilcatherine
Eyeries, Cork P75 CX53
Ireland

Related Link: https://www.friendsoftheirishenvironment.org/press-releases/17969-high-court-quashes-last-8-of-bord-na-mona-s-ghost-planning-applications
© 2001-2021 Independent Media Centre Ireland. Unless otherwise stated by the author, all content is free for non-commercial reuse, reprint, and rebroadcast, on the net and elsewhere. Opinions are those of the contributors and are not necessarily endorsed by Independent Media Centre Ireland. Disclaimer | Privacy