Hellfire Massy Residents Association v An Bord Pleanala & Ors (No.5) (Approved) [2023] IEHC 591 (27 October 2023)

Hellfire Massy Residents Association v An Bord Pleanala & Ors (No.5) (Approved) [2023] IEHC 591 (27 October 2023)

The court held that no derogation licence was required in this case, as the development was redesigned to avoid the destruction of protected species' habitats. The applicant's request for a declaration was hypothetical, unsupported by the pleadings, and unnecessary in light of the CJEU's judgment. The proceedings...

Source-derived case information.

Citation
[2023] IEHC 591
Parties
Applicant: Hellfire Massy Residents Association; First Respondent: An Bord Pleanála; Second Respondent: The Minister for Housing, Heritage and Local Government; Third Respondent: Ireland; Fourth Respondent: The Attorney General; Notice Party: South Dublin County Council
Jurisdiction
Ireland
Judgment Date
27 October 2023
Procedural Posture
Judicial Review / Final Judgment After CJEU Reference and Multiple Prior Judgments
Outcome
Proceedings dismissed
Legal Topics
Habitats Directive Compliance, Development Consent Procedures, Public Participation in Planning, Strict Protection of Species, Declaratory Relief, Costs in Environmental Litigation
Environmental Law Administrative Law EU Law Habitats Directive Compliance Development Consent Procedures Public Participation in Planning Strict Protection of Species Declaratory Relief +1 more

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Summary, issues, holding and outcome

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Parties

Hellfire Massy Residents Association

Applicant

An Bord Pleanála

First Respondent

The Minister for Housing, Heritage and Local Government

Second Respondent

Ireland

Third Respondent

The Attorney General

Fourth Respondent

South Dublin County Council

Notice Party

Procedural Posture

Judicial Review / Final Judgment After CJEU Reference and Multiple Prior Judgments

Legal Issues

  1. 1 Whether Irish legislation implementing the Habitats Directive provides a system of strict protection for protected species
  2. 2 Whether a derogation licence must be obtained before development consent is granted
  3. 3 Whether public participation requirements under EU law are met in the derogation process

Ratio Decidendi

The court held that no derogation licence was required in this case, as the development was redesigned to avoid the destruction of protected species' habitats. The applicant's request for a declaration was hypothetical, unsupported by the pleadings, and unnecessary in light of the CJEU's judgment. The proceedings were dismissed, and no order for costs was made, as the applicant had failed on all grounds and did not meet the threshold for exceptional costs protection.

Court Disposition

Proceedings dismissed

Orders

  • Proceedings dismissed with no order as to costs, including no order as to reserved costs or costs before the CJEU