LAW37460: Explain the circumstances in which an EIA is required under the EIA Directive and an “appropriate assessment” is required: Planning Law Assignment, UCD, Ireland

Your client is Abbott Ireland, who has asked you to draft a reply to An Taisce’s appeal relating to the planning permission you received on 1 February 2023. This reply will be Abbott’s “submission or observation” on the appeal under section 129 of the Planning and Development Act 2000. Please assume that your submission will be made within the relevant time limit. Monaghan County Council concluded that neither an EIA nor an appropriate assessment was required.

Taisce argues that both are needed. If An Taisce is right, if An Bord Pleanála were to grant permission on appeal without carrying out the relevant assessments, this would naturally represent a serious legal flaw.

In your submission/observation on An Taisce’s appeal, please:

• Explain the circumstances in which an EIA is required under the EIA Directive and an “appropriate assessment” is required under the Habitats Directive;
• Explain whether (in your view) an EIA and/or an appropriate assessment is needed in this case;
• If you conclude that an EIA and/or appropriate assessment is needed, please address what impact (legally) the assessments should have on An Bord Pleanála’s planning permission decision;
• Make an argument on the facts regarding whether An Bord Pleanála should grant permission, with reference to the EIA and Habitats Directives, amongst other things.