Callaghan v An Bord Pleanála | Fieldfisher
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Callaghan v An Bord Pleanála

26/09/2018

Locations

Ireland

Supreme Court Appeal No. 2017/19 The Supreme Court has today (31 July 2018) handed down a judgment in an appeal by Mr Callaghan on the issue of whether, before the Board reaches an opinion pursuant to section 37A of the Planning and Development Act 2000 (i.e. whether a proposed development would constitute “Strategic Infrastructure Development”), it must consult with members of the public. The Supreme Court has dismissed the appeal. The Court held that where a pro... Supreme Court Appeal No. 2017/19 The Supreme Court has today (31 July 2018) handed down a judgment in an appeal by Mr Callaghan on the issue of whether, before the Board reaches an opinion pursuant to section 37A of the Planning and Development Act 2000 (i.e. whether a proposed development would constitute “Strategic Infrastructure Development”), it must consult with members of the public. The Supreme Court has dismissed the appeal. The Court held that where a project has been deemed a Strategic Infrastructure Development (“SID”), the Board remains obliged, once an application for permission is actually made for that project, to consider on the merits any questions concerning the strategic importance of the project. Accordingly the Appellant can make submissions on that issue when the application for permission is being considered and as such his rights are not interfered with by not participating at the SID designation stage. Secondly, the Court did not accept that any practical differences in the processes between a project that proceeds along the SID route and a project that proceeds along the normal planning route amounted to “material practical effects” on the enjoyment of the Appellant’s rights, such that he should be heard during the SID designation stage.