Fitzpatrick & anor v An Bord Pleanala & ors [2018] IESC 60 (05 December 2018)

Fitzpatrick & anor v An Bord Pleanala & ors [2018] IESC 60 (05 December 2018)

Applicants may argue both for a full EIA obligation on the masterplan and for any lesser obligation as a fallback, provided all grounds are within the limits identified; no new challenge to the Board's decision itself is permitted except as to the adequacy of the EIA. No preliminary reference to the CJEU is required at this stage, but the issue may be revisited after the full hearing.

Citation
[2018] IESC 60
Parties
Applicant/appellant: Sinead Fitzpatrick; Applicant/appellant: Alan Daly; Respondent: An Bord Pleanála; Notice Party: Galway County Council; Notice Party: Apple Distribution International; Amicus Curiae: The Minister for Housing, Planning and Local Government; Amicus Curiae: Ireland; Amicus Curiae: The Attorney General
Jurisdiction
Ireland
Judgment Date
05 December 2018
Procedural Posture
Judicial Review Appeal / Preliminary Determination on Scope of Appeal and Reference to CJEU
Outcome
Preliminary directions issued; applicants permitted to argue within defined scope; no reference to CJEU at this stage.
Legal Topics
Environmental Impact Assessment, Planning Permission, Scope of Appeal, Preliminary Reference to CJEU
Administrative Law Environmental Law European Union Law Environmental Impact Assessment Planning Permission Scope of Appeal Preliminary Reference to CJEU

Case Brief

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Parties

Sinead Fitzpatrick

Applicant/appellant

Alan Daly

Applicant/appellant

An Bord Pleanála

Respondent

Galway County Council

Notice Party

Apple Distribution International

Notice Party

The Minister for Housing, Planning and Local Government

Amicus Curiae

Ireland

Amicus Curiae

The Attorney General

Amicus Curiae

Procedural Posture

Judicial Review Appeal / Preliminary Determination on Scope of Appeal and Reference to CJEU

Legal Issues

  1. 1 Whether the applicants can argue for a full or lesser obligation of EIA on the masterplan as part of the appeal
  2. 2 Whether new grounds not argued in the High Court can be raised on appeal
  3. 3 Whether a preliminary reference to the CJEU is required at this stage

Ratio Decidendi

Applicants may argue both for a full EIA obligation on the masterplan and for any lesser obligation as a fallback, provided all grounds are within the limits identified; no new challenge to the Board's decision itself is permitted except as to the adequacy of the EIA. No preliminary reference to the CJEU is required at this stage, but the issue may be revisited after the full hearing.

Court Disposition

Preliminary directions issued; applicants permitted to argue within defined scope; no reference to CJEU at this stage.

Orders

  • Applicants to formulate grounds of appeal within identified limitations.
  • Matter to be listed for early further case management.