Irish Habitats Regulations / derogation license process referred to European Court
In our latest publication, we discuss the Irish High Court's recent decision to refer four questions of law to the Court of Justice of the European Union. These questions relate to the process for obtaining a derogations licence under the Irish Birds and Natural Habitats Regulations 2011, which transpose the EU Habitats Directive in Ireland.
In particular, the Judge has asked the CJEU:
- whether the 2011 Regulations, to the extent they allow for a developer to obtain a derogation licence after the grant of planning permission, are consistent with the Habitats Directive
- whether there needs to be an "interlinkage" between the derogations system and the planning permission process
For further information on this topic, please contact Alison Fanagan, Consultant, Jason Milne, Partner or any member of the ALG Environmental & Planning team.
Date published: 22 July 2021