Habitat questions referred to Europe

Guidance sought on Galway bypass conservation issues

THE SUPREME Court has referred questions on the implementation of the EU habitats directive, arising from questions about the Galway city outer bypass route, to the European Court of Justice.

The case is being taken against An Bord Pleanála with Galway city and county councils as notice parties.

The Supreme Court is seeking guidance on whether significant developmental damage to a part of a special area of conservation counts as a breach of the integrity of the overall special area.

The landmark case arose in relation to a decision by An Bord Pleanála in November 2008 to grant development consent for the €317 million Galway city outer bypass.

The planning board found that while the road would have “localised severe impact” on part of the Lough Corrib conservation area, this did not “adversely affect the integrity of the site concerned”.

However, environmental campaigner Peter Sweetman claimed An Bord Pleanála was wrong in its interpretation of the habitats directive. His challenge to the board’s decision is supported by Ireland, the Attorney General, and the Minister for Environment, Heritage and Local Government.

In its referral to Europe, the Supreme Court said the “essential legal issue in respect of which a response from the Court of Justice is sought” related to whether a body such as An Bord Pleanála had authority to approve development which involved “the destruction and permanent loss” of part of a listed priority habitat, other than in special exemptions under the habitats directive itself.

The Supreme Court is also seeking clarity on the “true construction” of phrases such as “adverse effect on the integrity of the site”.

Last June the five-judge Supreme Court, presided over by the Chief Justice, Mr Justice John Murray, granted the application for referral to the European Court of Justice.

Earlier this month, the Courts Service wrote to the parties involved to say the request had been sent to that court.

The Galway city outer bypass is a proposed extension of the M6 Ballinasloe to Galway route designed to pass to the north of Galway city.

It begins at the R336 in Baile Nua at the west to link at a new junction with the new N6 Galway to Dublin road at Garraun at the east.

The development includes the provision of a new crossing of the river Corrib. However, while planning has continued, funding for the proposed road is now far from certain.