It is understood that Galway County Council refused to grant planning permission in the case in question, as it considered that the proposed development, involving retention of some works, would be contrary to the proper planning and sustainable development of the area and would be contrary to the objectives and policies set out in the County Development Plan.
In a judgment in July 2008, the European Court of Justice ruled that the retention permission system as it applies in Irish law with regard to projects that require or may require an environmental impact assessment (EIA) under the EIA Directives does not comply with the Directives and needs to be amended. The matter is being addressed in the Planning and Development (Amendment) Bill.
In the meantime, in respect of applications for permission for the retention of unauthorised development where such development should have been subject to prior EIA, planning authorities have been advised to return the application as invalid, on the basis that there is no jurisdiction to grant retention planning permission in those circumstances. An Bord Pleanála has been advised to take similar action in relation to relevant planning appeals.
However, it is understood that the decision of the planning authority in this case did not turn on the outcome of the ECJ judgment.
