FIE, represented by Neil Steen SC and John Kenny BL, instructed by FP Logue solicitors, argued in the Supreme Court that the project’s adoption should be overturned due to an alleged failure to meet the assessment requirements of the Strategic Environmental Assessment Directive, which has been transposed into Irish law.
The group’s case is against the Government, the Minister for Planning, Ireland and the Attorney General. In a ruling on behalf of the court, Ms Justice Marie Baker said a question arose as to whether the National Planning Framework and/or the National Development Plan should be considered “plans” or “programmes” within the meaning of the SEA Directive and, consequently, whether they need to be environmentally assessed under that law.
Ms Justice Baker said the first question to be referred to Europe relates to the scope of the SEA Directive.