Bulrush Horticulture Ltd. v An Bord Pleanala & ors; Westland Horticulture Ltd. & ors-v- An Bord Pleanala & ors [2018] IEHC 808 (07 December 2018)

Bulrush Horticulture Ltd. v An Bord Pleanala & ors; Westland Horticulture Ltd. & ors-v- An Bord Pleanala & ors [2018] IEHC 808 (07 December 2018)

The court found that while the decision had far-reaching implications for the peat industry, there was no sufficient uncertainty in the law to warrant certification for appeal. The relevant legislation and case law were clear, and the applicants' arguments did not meet the statutory threshold for exceptional public importance and uncertainty.

Citation
[2018] IEHC 808
Parties
Applicant: Bulrush Horticulture Ltd.; Applicant: Westland Horticulture Ltd.; Applicant: Westmeath Peat Limited; Applicant: Cavan Peat Limited; Respondent: An Bord Pleanála; Notice Party: Westmeath County Council; Notice Party: Friends of the Irish Environment; Notice Party: Friends of the Irish Environment Ltd.
Jurisdiction
Ireland
Judgment Date
07 December 2018
Procedural Posture
Judicial Review / Application for Certificate to Appeal Decision
Outcome
application for certificate to appeal refused
Legal Topics
Exempted Development, Environmental Impact Assessment, Peat Extraction, Interpretation of EU Directives, Certification for Appeal
Planning Law Environmental Law Administrative Law Exempted Development Environmental Impact Assessment Peat Extraction Interpretation of EU Directives Certification for Appeal

Case Brief

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Parties

Bulrush Horticulture Ltd.

Applicant

Westland Horticulture Ltd.

Applicant

Westmeath Peat Limited

Applicant

Cavan Peat Limited

Applicant

An Bord Pleanála

Respondent

Westmeath County Council

Notice Party

Friends of the Irish Environment

Notice Party

Friends of the Irish Environment Ltd.

Notice Party

Procedural Posture

Judicial Review / Application for Certificate to Appeal Decision

Legal Issues

  1. 1 Whether the continuation of peat extraction on lands previously exempted is subject to EIA and Habitats Directive requirements
  2. 2 Whether peat extraction not involving a new or extended area can be sub-threshold development requiring EIA
  3. 3 Whether EIA/Habitats Directive apply to projects commenced as exempted development prior to transposition

Ratio Decidendi

The court found that while the decision had far-reaching implications for the peat industry, there was no sufficient uncertainty in the law to warrant certification for appeal. The relevant legislation and case law were clear, and the applicants' arguments did not meet the statutory threshold for exceptional public importance and uncertainty.

Court Disposition

application for certificate to appeal refused

Orders

  • Certificate for leave to appeal not granted