2017-05-05 · Kilkenny
Legal challenge to Kilkenny road development referred to European Courts
The High Court case challenging the Kilkenny Northern Ring Road Extension, which was approved by An Board Pleanala and granted to Kilkenny County Council in July 2014, has been referred to the Court of Justice of the European Union. Mr Justice Richard Humphreys referred eleven legal questions concerning EU directives on the conservation of wild fauna and flora. The questions ask whether statements about the impact of a proposed development must identify the full extent of habitat and species on the site, whether assessments of impact on protected species and habitats inside and outside special areas of conservation are required, and whether an environmental impact assessment must contain sufficient information about each alternative to the proposal. The case involves a 1.5‑km road section that cuts through protected natural areas, including a special protection area for kingfishers and a candidate special area of conservation for the Nore freshwater pearl mussel.