Judgement of Mr. Justice Hedigan delivered on the 26th of August 2013

Download Link To Full Document: Judgement.doc

1. Application

The applicant seeks to quash the respondent’s decision of the 12th August, 2011, to grant approval to the notice party under s.226 of the Planning & Development Act 2000 for a waste water treatment plant. The applicant submits that the Court is both entitled and obliged to examine whether or not there has been substantial complaince wit the requirements of the Environmental Impact Assessment Directive and the adequacy of the Environmental Impact Statement delivered and if an error has been made then the decision should be quashed.

4.2. Inadequacy of EIS/EIA

The applicant contends that the EIS and EIA process carried out by the Board were deficient for the purposes of the Board’s assessment of the likely impacts of the proposed development. His argument in this regard is premised on two points.

7.1. Decision

The issues that arise in this case are as follows;

(a) objective bias;
(b) failure to assess the impact on the Northern Ireland side of Lough Foyle;
(c) inadequacy of the EIS/EIA.

 

 

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