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National road extension scheme was adequately considered by planning board

By: Ian Fitzharris BL

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High Court, in planning and development judicial review proceedings, refuses to quash planning board's decision to grant approval for proposed road extension scheme subject to conditions, on the grounds that: the board had before it sufficient information to determine that various environmental assessments conducted were adequate; the court must defer in certain respects to the decision of an expert body such as the planning board; and the board correctly interpreted and applied applicable EC planning Directives in the context of challenges to the proposed scheme.

Planning and development - planning board's decision to grant consent to proposed road upgrade scheme - whether a failure by board to assess environmental impacts of proposal as a whole - whether application to board was premature - whether a failure by board to carry out an adequate environmental impact assessment - whether a failure to make available a copy of planning file - board's position regarding screening assessment, environmental impact assessment and proposed mitigation measures - mandatory conditions on development - issues of challenge - interplay with EU Directives on planning matters - effect of extraction of millions of tons of material from quarry - applicant's locus standi to raise issue of quarry permission and assessment - whether a collateral attack on quarry permission - affidavit evidence - report of inspector appointed by board - alleged inevitable increased activity on site - whether a material distinction between land use and land take concerning CPO - appropriate assessment - whether bald assertions as to alleged environmental impacts - court's role on application - board correct to consider application in context of requirements of 2011 EC Directive - nature of alleged illegality - applicant has standing - no deliberate withholding of points at hearing by applicant - adequacy of board's consideration of issues - no question of project splitting - inspector's very detailed review of appropriate assessment and environmental impact assessment - adequate information before board - court's deference to expert body - relief refused

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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