Save Cork City Community Association CLG v An Bord Pleanala & Ors (Approved) [2022] IESC 52 (21 December 2022)

Save Cork City Community Association CLG v An Bord Pleanala & Ors (Approved) [2022] IESC 52 (21 December 2022)

An Bord Pleanála has jurisdiction to conduct EIA screening under s.177AE of the Planning and Development Act 2000 by necessary implication, as the statutory scheme and EU law obligations require the Board to determine whether EIA is necessary when considering applications under s.177AE, and the alternative construction would render the scheme unworkable and frustrate legislative intent.

Citation
[2022] IESC 52
Parties
Applicant/appellant: Save Cork City Community Association CLG; Respondent: An Bord Pleanála; Respondent: The Minister for Housing, Local Government and Heritage; Respondent: Ireland; Respondent: The Attorney General; Notice Party: Cork City Council
Jurisdiction
Ireland
Judgment Date
21 December 2022
Procedural Posture
Judicial Review Appeal / Supreme Court Appeal From High Court
Outcome
appeal dismissed
Legal Topics
Environmental Impact Assessment (eia), Statutory Interpretation, Jurisdiction of Planning Authorities, Appropriate Assessment (aa), EU Law Conforming Interpretation
Administrative Law Planning Law Environmental Law Environmental Impact Assessment (eia) Statutory Interpretation Jurisdiction of Planning Authorities Appropriate Assessment (aa) EU Law Conforming Interpretation

Case Brief

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Parties

Save Cork City Community Association CLG

Applicant/appellant

An Bord Pleanála

Respondent

The Minister for Housing, Local Government and Heritage

Respondent

Ireland

Respondent

The Attorney General

Respondent

Cork City Council

Notice Party

Procedural Posture

Judicial Review Appeal / Supreme Court Appeal From High Court

Legal Issues

  1. 1 Whether An Bord Pleanála has jurisdiction to conduct EIA screening under s.177AE of the Planning and Development Act 2000
  2. 2 Whether, if no such jurisdiction exists, the court should grant certiorari

Ratio Decidendi

An Bord Pleanála has jurisdiction to conduct EIA screening under s.177AE of the Planning and Development Act 2000 by necessary implication, as the statutory scheme and EU law obligations require the Board to determine whether EIA is necessary when considering applications under s.177AE, and the alternative construction would render the scheme unworkable and frustrate legislative intent.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; High Court order affirmed.