Environment & Planning - Horizon Scanner Infrastructure January 2024

DOMESTIC JUDGMENTS

The High Court states, obiter, that if it is known before development consent is granted that a derogation licence is needed, it should be obtained in advance of development consent being granted.

This case involves a challenge to the validity of derogation licences and Irish legislation regarding strictly protected species set out in regulations adopted to give effect to the Habitats Directive 92/43/EEC and the Birds Directive 2009/147/EC.

Arising from a review of the CJEU ruling, the High Court stated, obiter, that if it is known before development consent is granted that a derogation licence is needed, it should be obtained in advance of development consent being granted, and that this may be an important point in another case (it did not arise on the facts in this case, as the need to obtain a derogation licence had not been identified in advance of the Board making their decision).