Murphy v. Wicklow County Council [2000] IESC 3 (28th January, 2000)

Murphy v. Wicklow County Council [2000] IESC 3 (28th January, 2000)

The obligations under Article 6 of the Habitats Directive and corresponding national regulations do not apply to candidate sites not yet adopted as sites of Community importance by the Commission. The Minister's decision to extend protections to candidate sites under section 14 of the Regulations is discretionary and limited by the exclusion of Local Authority development. There is no factual basis to treat Glen of the Downs as a designated site, and the Plaintiff is not entitled to relief.

Citation
[2000] IESC 3
Parties
Applicant: Plaintiff; First Named Defendant: Wicklow County Council; Second Named Defendant: Minister for the Arts, Heritage, Gaeltacht and the Islands
Jurisdiction
Ireland
Procedural Posture
Appeal / Judgment on Appeal From High Court Refusing Interlocutory Injunction
Outcome
application refused
Legal Topics
Habitats Directive, Interlocutory Injunction, Implementation of EU Directives, Designation of Conservation Sites
Environmental Law Administrative Law EU Law Habitats Directive Interlocutory Injunction Implementation of EU Directives Designation of Conservation Sites

Case Brief

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Parties

Plaintiff

Applicant

Wicklow County Council

First Named Defendant

Minister for the Arts, Heritage, Gaeltacht and the Islands

Second Named Defendant

Procedural Posture

Appeal / Judgment on Appeal From High Court Refusing Interlocutory Injunction

Legal Issues

  1. 1 Whether obligations under Article 6 of the Habitats Directive and corresponding national regulations apply to candidate sites not yet adopted as sites of Community importance
  2. 2 Whether development by a Local Authority is exempt from restrictions under national regulations implementing the Directive
  3. 3 Whether delay by the State in transmitting the list of sites to the Commission affects the protections afforded to the Glen of the Downs

Ratio Decidendi

The obligations under Article 6 of the Habitats Directive and corresponding national regulations do not apply to candidate sites not yet adopted as sites of Community importance by the Commission. The Minister's decision to extend protections to candidate sites under section 14 of the Regulations is discretionary and limited by the exclusion of Local Authority development. There is no factual basis to treat Glen of the Downs as a designated site, and the Plaintiff is not entitled to relief.

Court Disposition

application refused

Orders

  • Plaintiff's appeal dismissed
  • Interlocutory injunction not granted