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Mitigation Measures in Appropriate Assessment

On 8 February 2019 the High Court delivered a helpful judgment in relation to mitigation measures in screening for Appropriate Assessment.  Eoin Kelly v. An Bord Pleanála [2019] IEHC 84 (‘Eoin Kelly’) The Eoin Kelly judgment would appear to be the first Irish judgement to apply the decision of the Court of Justice of the European Union (‘CJEU’) in People Over Wind and Sweetman v. Coillte Teoran...
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Appropriate Assessment

More and more, we are being asked to carry out appropriate assessments on development sites by our clients. What is Appropriate Assessment Appropriate assessment is an obligation to put concern for potential effects on Natura 2000 sites at the forefront of every decision made in relation to plans and projects at all stages. The obligation to undertake appropriate assessment derives from Article...
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Hydrogeological and Appropriate Assessment

Project Summary/Goals This project involved examining the suitability of a greenfield site for use as a cemetery development. The site investigation works obtained the required information on the subsoil and groundwater conditions including baseline subsoil, surface water and groundwater quality. Available guidance documents in Ireland and the UK for cemetery developments were used to examine...
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Appropriate Assessments

APPROPRIATE ASSESSMENTS Verde's highly experienced and qualified staff have carried out numerous Appropriate Assessments and Natura Impact Statements (NIS) projects in terrestrial, freshwater and marine environments across Ireland. Appropriate Assessment is an ecological assessment focused on how a plan or project may impact Natura 2000 sites.  The EU Habitats Directive requires where a p...
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(LNG) terminal in the Shannon estuary must be subject to a new environmental assessment

(LNG) terminal in the Shannon estuary must be subject to a new environmental assessment The European Court of Justice has advised the Irish High Court that An Bord Pleanála’s decision in 2018 to extend planning permission for a proposed €500 million liquefied natural gas (LNG) terminal in the Shannon estuary must be subject to a new environmental assessment under the EU Habitats Directive.  The p...
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Environmental due diligence and assessment important consideration when developing investment plans

Four environmental advocacy organizations called on Stichting Pensioenfonds ABP, Heerlen, Netherlands, on Monday to halt all new investments in fossil fuel companies and commit to phasing out such existing investments.  The €456 billion ($502 billion) pension fund's investments in fossil fuels rose to €16.5 billion as of Dec. 31 from €14 billion in 2015, according to a report by consultant Profund...
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National Risk Assessment 2019 Report published

The Government has published the National Risk Assessment 2019, setting out the most significant risks facing the country in 2019. The Report includes a range of economic, geopolitical, environmental, social, and technological risks with Brexit, Climate Change & Biodiversity, and International Trade Tensions again featuring strongly this year. The Report was developed with input from the pub...
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Supreme court dismisses Apple data centre Environmental Impact Assessment case appeal

Fitzpatrick and Daly v An Bord Pleanála, Apple Distribution International, and the Minister for Housing, Planning and Local Government and the Attorney General [SC Appeal No. 157/2017] On 11th April 2019, the Supreme Court decided to dismiss the appeal in the Apple data centre case. The Appellants had argued in the High Court and the Supreme Court that An Bord Pleanála (the Irish Planning Board...
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Environmental factors and risks that fall within the scope of Environmental Impact Assessments

Projects that require a preliminary environmental impact assessment The Environmental Impact Assessment (EIA) Directive (2011/92/EU, as amended by 2014/52/EU) applies to all “public and private projects which are likely to have significant effects on the environment”. Specific examples of projects that may be covered are listed in Annexes I and II. Scope of assessment Environmental factor...
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Dublin mountain visitor centre on hold over environmental assessments

Plans for a new visitor centre in the Dublin Mountains have been put on hold due to concerns from the planning authority over the adequacy of the project’s environmental assessments. An Bord Pleanála is now seeking further information from the project’s lead architect Paul Keogh on the plans for the centre which will include a 75-seater cafe, an exhibition facility and a walkers’ lounge.  The p...
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