Abbeydrive Development Ltd -v- Kildare County Council [2010] IESC 8 (18 February 2010)

Abbeydrive Development Ltd -v- Kildare County Council [2010] IESC 8 (18 February 2010)

The Supreme Court held that, due to the exceptional circumstances and the substantive issue regarding the EIA Directive, the matter of whether a default planning permission could lawfully be granted without an EIS assessment must be remitted to the High Court for determination, and An Taisce should be heard at that hearing.

Citation
[2010] IESC 8
Parties
Applicant/appellant: Abbeydrive Developments Ltd; Respondent: Kildare County Council; Intervener/objector: An Taisce
Jurisdiction
Ireland
Judgment Date
18 February 2010
Procedural Posture
Judicial Review Appeal / Post Judgment Application; Remitted to High Court
Outcome
Remitted to High Court for determination of EIS issue; An Taisce to be heard
Legal Topics
Default Planning Permission, Environmental Impact Assessment, Locus Standi, Effect of EU Directives, Judicial Review Procedure
Planning Law Environmental Law EU Law Administrative Law Default Planning Permission Environmental Impact Assessment Locus Standi Effect of EU Directives +1 more

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Parties

Abbeydrive Developments Ltd

Applicant/appellant

Kildare County Council

Respondent

An Taisce

Intervener/objector

Procedural Posture

Judicial Review Appeal / Post Judgment Application; Remitted to High Court

Legal Issues

  1. 1 Whether a default planning permission can be granted where an Environmental Impact Statement (EIS) is required under Directive 85/337/EEC
  2. 2 Whether An Taisce has locus standi to be heard post-judgment
  3. 3 Whether the Supreme Court should revisit or defer its final order due to exceptional circumstances

Ratio Decidendi

The Supreme Court held that, due to the exceptional circumstances and the substantive issue regarding the EIA Directive, the matter of whether a default planning permission could lawfully be granted without an EIS assessment must be remitted to the High Court for determination, and An Taisce should be heard at that hearing.

Court Disposition

Remitted to High Court for determination of EIS issue; An Taisce to be heard

Orders

  • Remit the issue of the EIS assessment and default permission to the High Court for determination
  • An Taisce granted leave to be heard in the High Court proceedings