I refer to the reply to Question No. 39 of 9 July 2008. The European Court of Justice issued its judgement in the case reference C-215/06 on Thursday 3 July. The case had two aspects relating to:
how the Environmental Impact Assessment (EIA) Directive (85/337/EEC as amended by 97/11/EC) is affected by the availability of retention planning permission under Irish legislation; and
the implementation of the EIA Directive in respect of a wind-farm at Derrybrien, County Galway.
These matters are not related to the recent amendments to the Planning and Development Regulations 2001, which were debated fully in the Joint Oireachtas Committee on Environment, Heritage and Local Government and approved by the Oireachtas, in the form of the Planning and Development (Amendment) Regulations 2008.
The position remains that under Part X of the Planning and Development Act 2000 and Part 10 of the Planning and Development Regulations 2001, a planning application in respect of a development or class of development falling within the scope of Directive 85/337/EEC, as amended, must be accompanied by an appropriate environmental impact statement. The carrying out of unauthorised development is an offence under the Act.