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  • Galway Outer By-Pass EU Court of Justice Ruling

    The issue of the ‘integrity’ of a habitat has been addressed by the Court of Justice following a referral from the Irish Supreme Court.

    An Bord Pleanala had determined that the loss of 1.5h of Annex 1 priority habitat as part of the development of the Galway outer by-pass was a localised impact on the Lough Corrib cSAC and would not adversely affect the integrity of the cSAC.   This decision appears to have been based on the fact that the 1.5h represented only approx. 2% of the overall cSAC and the loss, although permanent, would not affect the balance of the site and therefore its integrity as a whole. 

    The Court of Justice placed strong emphasis on the fact that the habitat concerned was a priority habitat (limestone pavement) and cannot be replaced. It effectively ruled that the permanent impact on the very habitat upon which the site has been designated did affect the integrity of the site.  A ruling is now awaited from the Supreme Court.

    Published on April 18, 2013 By:David Mulcahy · Filed under: Court Cases;
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