Martin -v- An Bord Pleanála & ors [2007] IESC 23 (10 May 2007)

Martin -v- An Bord Pleanála & ors [2007] IESC 23 (10 May 2007)

The Supreme Court held that, in the context of Irish law, 'development consent' for a project requiring both planning permission and a waste licence comprises the decisions of both An Bord Pleanála and the EPA. The division of EIA responsibilities between the two authorities is consistent with Directive 85/337/EEC, as both assessments are required before the project may proceed. The Directive does not require a single, integrated EIA by one authority, nor does it mandate that all environmental effects be assessed at the planning stage if national law provides for a multi-stage consent process. The Irish statutory scheme, which avoids duplication and ensures all environmental effects are...

Citation
[2007] IESC 23
Parties
Applicant / Appellant: Eric Martin; Respondent: An Bord Pleanála; Respondents: Ireland and the Attorney General; Notice Party: Indaver Ireland Limited
Jurisdiction
Ireland
Judgment Date
10 May 2007
Procedural Posture
Judicial Review Appeal / Supreme Court Appeal From High Court
Outcome
Appeal dismissed; High Court order affirmed.
Legal Topics
Environmental Impact Assessment, Planning Permission, Waste Management Licensing, Transposition of EU Directives, Division of Regulatory Competence
Environmental Law Administrative Law European Union Law Environmental Impact Assessment Planning Permission Waste Management Licensing Transposition of EU Directives Division of Regulatory Competence

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Parties

Eric Martin

Applicant / Appellant

An Bord Pleanála

Respondent

Ireland and the Attorney General

Respondents

Indaver Ireland Limited

Notice Party

Procedural Posture

Judicial Review Appeal / Supreme Court Appeal From High Court

Legal Issues

  1. 1 Does a grant of planning permission constitute 'development consent' within the meaning of Directive 85/337/EEC?
  2. 2 Is the environmental impact assessment (EIA) required by the Directive conducted at the earliest possible stage in the decision-making process under Irish law?
  3. 3 Does the structure of separate EIAs by An Bord Pleanála and the EPA satisfy the Directive's requirement for an integrated assessment?

Ratio Decidendi

The Supreme Court held that, in the context of Irish law, 'development consent' for a project requiring both planning permission and a waste licence comprises the decisions of both An Bord Pleanála and the EPA. The division of EIA responsibilities between the two authorities is consistent with Directive 85/337/EEC, as both assessments are required before the project may proceed. The Directive does not require a single, integrated EIA by one authority, nor does it mandate that all environmental effects be assessed at the planning stage if national law provides for a multi-stage consent process. The Irish statutory scheme, which avoids duplication and ensures all environmental effects are...

Court Disposition

Appeal dismissed; High Court order affirmed.

Orders

  • The appeal is dismissed.
  • The order of the High Court refusing relief is affirmed.