Eileen Stack Shanahan & Anor -v- Ireland and the Attorney General & Ors [2012] IEHC 571 (12 November 2012)

Eileen Stack Shanahan & Anor -v- Ireland and the Attorney General & Ors [2012] IEHC 571 (12 November 2012)

The Board's decision-making process was lawful, fair, and based on relevant material. The Board provided adequate reasons for its decision, including reasons for departing from the inspector's recommendation. There was no breach of the EIA Directive, constitutional rights, or legitimate expectation. The applicants...

Source-derived case information.

Citation
[2012] IEHC 571
Parties
Applicant: Eileen Stack Shanahan; Applicant: Gerard Sheehan; Respondent: Ireland; Respondent: The Attorney General; Respondent: An Bord Pleanála; Respondent: The Minister for the Environment; Respondent: The Minister for Arts; Respondent: Cork County Council; Respondent: National Roads Authority; Notice Party: Peter Sweetman and Associates
Jurisdiction
Ireland
Judgment Date
12 November 2012
Procedural Posture
Judicial Review / Final Judgment
Outcome
reliefs refused
Legal Topics
Judicial Review of Planning Decisions, Environmental Impact Assessment (eia) Directive Compliance, Public Participation in Planning, Legitimate Expectation, Compulsory Purchase Orders, Costs in Environmental Litigation, Protected Structures and National Monuments, Article 8 ECHR Rights
Administrative Law Planning and Environmental Law Constitutional Law European Law Judicial Review of Planning Decisions Environmental Impact Assessment (eia) Directive Compliance Public Participation in Planning Legitimate Expectation +4 more

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Parties

Eileen Stack Shanahan

Applicant

Gerard Sheehan

Applicant

Ireland

Respondent

The Attorney General

Respondent

An Bord Pleanála

Respondent

The Minister for the Environment

Respondent

The Minister for Arts

Respondent

Cork County Council

Respondent

National Roads Authority

Respondent

Peter Sweetman and Associates

Notice Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether An Bord Pleanála failed to comply with the EIA Directive in approving the road scheme
  2. 2 Whether the Board failed to properly assess the impact on protected structures and national monuments
  3. 3 Whether the Board failed to provide adequate reasons for its decision

Ratio Decidendi

The Board's decision-making process was lawful, fair, and based on relevant material. The Board provided adequate reasons for its decision, including reasons for departing from the inspector's recommendation. There was no breach of the EIA Directive, constitutional rights, or legitimate expectation. The applicants had full opportunity to participate. The reliefs sought are refused.

Court Disposition

reliefs refused