In July 2018, the Supreme Court refused to hear an appeal of a
High Court judgment that a decision to extend planning permission
does not require public participation. Most helpfully the High
Court also held that an extension is not a development consent
under the EU Environmental Impact Assessment
("EIA") Directive, so does not have the
consequential participation or assessment requirements.
This line of cases should curtail the ability to challenge
planning extensions.
Details
A ten year planning permission to build a new runway was granted
at Dublin Airport in 2007. That permission was extended by Fingal
County Council in 2017 for a further five years to 2022. The local
residents unsuccessfully challenged the decision to extend the
planning permission in the High Court. The residents were not
permitted to appeal to the Court of Appeal in February 2018. In
July, the Supreme Court refused the local residents' final
attempt to appeal the High Court's decision.
