An Taisce to appeal N86 Dingle case

Published by Ian Carey on

[x_section style=”margin: 0px 0px 0px 0px; padding: 45px 0px 45px 0px; “][x_row inner_container=”true” marginless_columns=”false” bg_color=”” style=”margin: 0px auto 0px auto; padding: 0px 0px 0px 0px; “][x_column bg_color=”” type=”1/1″ style=”padding: 0px 0px 0px 0px; “][x_text]An Taisce – the National Trust for Ireland – this week announced that it intends to pursue its case regarding the West Kerry N86 Dingle road to the Court of Appeal.

Environmental groups have come out in support of this decision as the previous judgement could have an impact on other environmental cases

The Environmental Pillar, which is made up of 28 national environmental NGOs, supports the appeal as it presents an opportunity for Ireland to clarify how the requirements of the Aarhus Convention are being upheld in this case.

Under the Aarhus Convention, Irish law is required to provide that proceedings are fair and equitable and special cost requirements apply to environmental cases taken. This point needs to be clarified not just for the case relating to the Dingle road but also for a range of future cases relating to environmental law.

Michael Ewing a spokesperson for the Environmental Pillar:
“An Taisce’s decision is most welcome. This case raises issues of exceptional public importance and presents an opportunity for Ireland to clarify how the Aarhus Convention’s requirements about fairness, equity, effectiveness and special cost requirements apply to court cases in Ireland, and the EU laws implementing them. It is imperative that this is addressed.”
Chairman of An Taisce John Harnett said the impact of the development on the heritage of area was of concern to it. In January, it was granted leave by the High Court for a judicial review of An Bord Pleanala’s decision in November to grant planning permission for the N86 Dingle to Annascaul and Gortbreagoge to Camp Improvement Scheme. An Taisce has said its decision was based on An Bord Pleanala’s “failure to fulfil obligations” under the EU’s Environmental Impact Assessment Directive.

On October 7th Mr Justice Robert Haughton dismissed the legal challenge taken by An Taisce at the High Court. In reaction to this John Harnett commented: “The High Court’s decision in this case raises points of exceptional public importance which go far beyond the matter of the N86 road itself. What is now a central issue in this case is whether Irish court proceedings have to be “fair” and “equitable”. The High Court effectively said “no, they do not” in its judgement, and this simply cannot go unchallenged.” He continued: “We understand that the EU Commission is watching this case very closely, as it concerns Ireland’s compliance with EU and International law. The issues raised in this High Court judgement must be clarified.”

An Taisce require a certificate from the High Court to allow them to appeal. The hearing of that certification application is provisionally scheduled for November 6th.[/x_text][/x_column][/x_row][/x_section]

Related Post
Last chance to amend weak climate bill

Friends of the Earth, An Taisce, and Stop Climate Chaos lead the charge to amend the Climate Bill before it Read more

European TV station are looking for Irish people to produce a short video on climate change to air in France and Germany

TV channel ARTE are looking for Irish people to take part in a programme which will air during the COP21 Read more

The Environmental Pillar rejects eco-label given to an Irish salmon farm

The Environmental Pillar wishes to make clear to consumers and public that it rejects the awarding of an environmental certificate Read more

Calls to shorten the hedge cutting and gorse burning ban has no basis in science, say An Taisce

The environmental and heritage group are rejecting calls from the Irish Farming Association to shorten the hedge cutting times. An Read more

Ian Carey

Ian is the editor of the Green News. He works as Communications Manger with the Irish Environmental Network.