Appropriate Assessment legal Challenge, Killaloe bypass

27 May 2013 on Latest News by Gary Rowan

A legal challenge has been mounted against the decision by An Bord Pleanála to grant planning permission  for the proposed Killaloe bypass and associated River Shannon Crossing (between Ballina, Co. Tipperary and Killaloe, Co. Clare).

It is understood that the challenge has been brought on the grounds that the proponents of the scheme and An Bord Pleanála erred in law by failure to satisfy themselves boyind reasonable scientific doubt that the proposed development would not adversely affect the integrity of the Lower River Shannon SAC which is a European Site within the menaing of Part XAB of the Planning and Development Act 2000.

The ecological and environmental argument is understood to indicate a failure to conduct adequate assessment and evaluation of ecological characteristics of the site to confirm the presence Annex 1 priority natural habitat within the meaning of the habitats Directive; and a resultant failure to take appropriate measures to protect the habitat and to take account of ex-situ effects.

The case is being challenged under Planning legilsation and therefore suggests greater necessity  to take a holsitic and planning lead approach to ecological and environmental impact assessment for infrastructure projects similar to the approach adopted by HRA PLANNING.

Read here to see the range of our environmental services or contact Gary Rowan to discuss this approach further.

 

 

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