The European Court of Justice has ruled that planning authorities, including An Bord Pleanála, don’t necessarily have to demand additional information or an environmental impact assessment from a developer even if a third party has provided evidence that a project could have significant effects on the environment.
The decision is a victory for O’Flynn Construction, whose strategic housing plan to build 123 apartments at a site in Ballincollig, Co Cork, prompted the referral to Europe by the High Court for clarification of EU conservation directives.
The ruling means that where a third party provides objective evidence to a planning authority regarding the potential significant effects of a project to a species protected under EU rules, the authority must typically ask the developer to provide it with additional information.
