The High Court has dismissed Eco Advocacy CLG’s judicial review challenge to planning permission for 320 homes at Charterschool Land, Manorlands, Trim, Co Meath.
The permission was granted by An Bord Pleanála to Keegan Land Holdings Limited in October 2020. The case concerned, among other matters, how the board screened the development for environmental impact assessment and appropriate assessment in light of concerns raised during the planning process.
The judgment delivered by Mr Justice Humphreys on 22 November 2023 dealt with the remaining parts of the case after the Court of Justice of the European Union (CJEU) answered questions referred by the High Court. The domestic law grounds and some EU law points had already been rejected in an earlier judgment. The High Court had also ruled that certain arguments were not adequately pleaded.
The CJEU said a competent authority deciding that an appropriate assessment was not required need not answer every point raised during the administrative process. It must, however, give reasons sufficient to show how it reached the required certainty that there was no reasonable scientific doubt about the possibility of significant effects on a protected site. The CJEU also said screening may take account of standard features of a project that remove contaminants and may reduce harmful effects.
Applying those answers, Mr Justice Humphreys held that the remaining grounds did not justify setting aside the permission. He found that the CJEU judgment did not revive the applicant’s inadequately pleaded arguments about environmental impact assessment or the documents setting out the board’s reasoning. He also concluded that the applicant’s remaining challenge to the appropriate assessment screening failed under the applicable standard.
The judgment recounts concerns raised by Meath County Council’s heritage officer and An Taisce about water management, potential effects on the River Boyne and associated European sites, and whether the screening adequately addressed those matters. The inspector had concluded that a full environmental impact assessment and appropriate assessment were not required. The court’s dismissal disposed of the judicial review proceedings; it did not amount to a new planning assessment of the development.
The court ordered that the proceedings be dismissed. Any party seeking leave to appeal, an order on costs or another order had seven days to apply by written submission. If no such application was made, the order was to be perfected on a no-order-as-to-costs basis, including costs relating to written submissions and the CJEU. If an application was made, other parties could reply within a further seven days, and the matter would be listed for a hearing on 11 December 2023.