A High Court judge has said there may be an issue whether a new law intended to cure the striking down of the ‘substitute consent’ planning scheme is consistent with EU law.
Mr Justice Garrett Simons stressed, because of how 11 cases arising from the striking down had developed, it was not necessary for him in those cases to decide any issues concerning the validity of the Planning and Development and Residential Tenancies Act 2020, which came into effect last December.
The 11 cases – concerning peat extraction projects and two quarries – arose after the Supreme Court, in May 2020, ruled the substitute consent procedure (SCP) here is inconsistent with the Environmental Impact Assessment (EIA) Directive.
That was due to the SCP not providing for public participation at the stage of leave to apply for substitute consent or for an exceptional circumstances test for substitute consent as required
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