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  • New planning regulations were signed into law at the end of November which reflect the European Court of Justice ruling (Case C–50/09) that Irish did not adequately transpose Article 3 of the Directive which makes the competent authority responsible for carrying out an environmental impact assessment. 

    The net effect is that there is now greater onus on the planning authority to be responsible for the quality of an EIA.  The regulations give the planning authority the tools to seek higher quality requirements from applicants.  Whilst this has occurred in practice the law now firmly confirms that it is the planning authority who is responsible for EIA, not the applicant/developer.

    Published on November 30, 2012 By:David Mulcahy · Filed under: Planning Legislation; Tagged as: , ,
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