The Galway City Outer Bypass case will appear before the Court of Justice of the European Union in Luxembourg tomorrow, Thursday. A decision is expected on the guidance which the Irish Supreme Court sought on a point of law concerning the integrity of Special Areas of Conservation in relation to planned infrastructure projects.
The imminent decision will address what criteria an authority, such as a County Council, needs to apply when determining whether a planning project will have an adverse effect on the integrity of area and whether a project can be authorised if it will affect, partially or wholly, the integrity of a protected area.
Commented Galway West Deputy Seán Kyne: “While the reasoned opinion given in November last by the Advocate General – legal officers assigned to cases to examine facts and provide analysis – did not appear to be favourable, we must remember that the decision of the EU Court is not a ruling on the Bypass. Rather, the decision will determine the process which will need to be followed to ensure planning permission is secured for this vital project.
“A favourable decision from the Court on the clarification of the Habitats’ Directive will enable legal proceedings to continue in the Irish courts. However, should the EU Court find that the Bypass plans as they currently stand will contravene the Directive then a new approach will be needed – and that approach, I believe, is an IROPI application.
“IROPI or Imperative Reasons of Overriding Public Interest is where planners acknowledge and accept that while a project will cause damage to a protected area it is necessary for several important reasons such as public service provision and economic prosperity.
“In advance of the decision I have been in contact with both Transport Minister, Leo Varadkar and Environment Minister, Phil Hogan. Replying to a question I put to him in the Dáil, Minister Varadkar reiterated and re-affirmed ‘the Government’s commitment to overcoming any legal and planning difficulties so that this important project can continue’,
“A lot of the ground work,” concluded Deputy Kyne, “for an IROPI application will already have been done with the initial planning application and funding for the Bypass is specifically included in the second phase of the Government Infrastructure Stimulus Programme. While we must respect the decision of EU Court of Justice I believe the decision will provide a renewed impetus for securing the Bypass.”