Separate judicial review proceedings challenging An Bord Pleanála's decision to approve part of the Galway city outer bypass project were taken by a residents' group, Hands Across the Corrib, and an individual, Mr. Peter Sweetman. The grounds for review included claims that the board had erred in law in giving its approval and had misinterpreted provisions of the habitats directive. The State was named as a respondent.
Arising from discussions with the European Commission, it was clear that infringement action against the State and possible injunctive proceedings were likely to ensue if the project proceeded based on this planning consent. Following consultations with the Attorney General, the State contended in the High Court that An Bord Pleanála had misinterpreted the habitats directive. On 9 October 2009, the High Court upheld the board's decision. Following the High Court ruling, the State and Mr. Sweetman separately sought leave to appeal the judgment to the Supreme Court. Leave to appeal was granted on 6 November 2009 on the basis that the issue involved a point of law of exceptional public importance. The correct interpretation of the habitats directive is critical not only for the purpose of this project but also for future projects.
Neither I nor my Department have had discussions with Mr. Sweetman or Hands Across the Corrib in regard to this case. Neither party is in receipt of financial or other supports from my Department. The question of who meets the costs of various parties to the case is a matter for the courts to determine. I have not supported any other objections or litigation initiated by Mr. Sweetman or Hands Across the Corrib against local authorities or An Bord Pleanála.
