Upcoming Events

National | Environment

no events match your query!

New Events


no events posted in last week

Blog Feeds

Public Inquiry
Interested in maladministration. Estd. 2005

offsite link Allegations of political criminality reported to An Garda Siochana

offsite link Minister Catherine Martin: Not fit to serve Anthony

offsite link Establishment media and delusional analysis Anthony

offsite link Youth power – Don’t ask – Take Anthony

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

Public Inquiry >>

Lockdown Skeptics

The Daily Sceptic

offsite link News Round-Up Fri Sep 24, 2021 00:18 | Michael Curzon
A summary of all the most interesting stories that have appeared about politicians? efforts to control the virus ? and other acts of hubris and folly ? not just in Britain, but around the world.
The post News Round-Up appeared first on The Daily Sceptic.

offsite link The Government?s Gamesmanship and Outright Cheating on Covid and Vaccines Diminishes Us All Thu Sep 23, 2021 21:55 | Will Jones
When it comes to providing the public with full, clear, honest information about Covid and the vaccines, the Government has been caught repeatedly putting spin and narrative ahead of transparency and truth.
The post The Government’s Gamesmanship and Outright Cheating on Covid and Vaccines Diminishes Us All appeared first on The Daily Sceptic.

offsite link We?re Hiring! Thu Sep 23, 2021 18:45 | Toby Young
Michael Curzon is giving up his day job on the Daily Sceptic, having been poached by a national newspaper. He'll continue to contribute, but we'll need to replace him. Click on the link for more info.
The post We’re Hiring! appeared first on The Daily Sceptic.

offsite link Covid Unlikely to Mutate into a Deadly Variant, Says Lead Scientist Behind AstraZeneca Vaccine Thu Sep 23, 2021 17:39 | Michael Curzon
Covid is unlikely to mutate into a much deadlier variant because there "aren?t many places for the virus to go", says the lead scientist behind the AstraZeneca Covid vaccine.
The post Covid Unlikely to Mutate into a Deadly Variant, Says Lead Scientist Behind AstraZeneca Vaccine appeared first on The Daily Sceptic.

offsite link Record Numbers of Children Seeking Access to Mental Health Services Thu Sep 23, 2021 14:56 | Michael Curzon
Record numbers of children and young people are seeking access to mental health services, according to analysis by the Royal College of Psychiatrists, and an "unprecedented" number of children are waiting for care.
The post Record Numbers of Children Seeking Access to Mental Health Services appeared first on The Daily Sceptic.

Lockdown Skeptics >>

Voltaire Network
Voltaire, international edition

offsite link Joe Biden might call off war against North Korea Fri Sep 24, 2021 20:36 | en

offsite link General boycott of Covid-19 Global Summit Fri Sep 24, 2021 20:11 | en

offsite link Ahmad Massoud has fled Afghanistan Fri Sep 24, 2021 08:00 | en

offsite link Another stab at the "two-state solution" Fri Sep 24, 2021 07:46 | en

offsite link Secret meeting of US and Russian chiefs of staff Fri Sep 24, 2021 06:54 | en

Voltaire Network >>

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

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.

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


This Press Release
Copyright © 2021 Friends of the Irish Environment, All rights reserved.
Press Release

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

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