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24/07/2020

Legal briefs: EIA consultation planned; Legal confusion over peat harvesting

Words: Roger Milne
Scales of Justice / iStock: 155393832

A round-up of legal briefs: 18 July-24 July, 2020

EIA consultation planned

Environment secretary George Eustice has confirmed that the UK Government is to launch a consultation later this year on changing the approach to environmental assessment and mitigation in the planning system.

Local Government Lawyer

Legal confusion over peat harvesting

Planning law confusion and a potential High Court challenge threaten to bog down future Bord na Móna efforts to harvest peat in the republic now that An Bord Pleanála has confirmed it is reviewing seven applications for “substitute consent” for industrial peat harvesting, a move meant to pave the way for future turf-cutting. A recent Supreme Court ruling concluded that substitute consent – a form of planning retention – contravened EU environmental law.

Irish Times

Judicial review granted over Surrey oil wells

A campaigner has been given permission by a Court of Appeal judge for a judicial review of Surrey County Council’s decision to allow the drilling of four new oil wells and 20 years of oil production at Horse Hill, near Gatwick in Surrey.

Local Government Lawyer

Fast track for Cherrywood SDZ homes challenge

A legal challenge to planning permission for 367 new homes in the Dún Laoghaire Rathdown’s Cherrywood Strategic Development Zone in south Dublin is to be fast-tracked by Ireland’s Commercial Court.

Irish Times

Dublin development plan contravention upheld


A resident has won a High Court order overturning permission for a development of 245 flats and a childcare facility on part of the former Premier Dairies site in Dublin, after a judge said the scheme materially contravened the Dublin City Development Plan.


Irish Times

Manston Airport consent order heads to court

Ramsgate Town Council is to contribute to a fund to take transport secretary Grant Shapps to judicial review over his decision to approve a development consent order allowing the reopening of Manston Airport as an air freight hub. This overturned the recommendation of the examining inspector appointed under the national infrastructure planning regime.

Local Government Lawyer

Bath and North East Somerset Council admits listed skittle alley blunder

Bath and North East Somerset Council should have given adequate reasons when it allowed a development against officer’s recommendations, the High Court has found in a case that centred on a project by Rengen Developments for various additions and refurbishment to a pub and the construction of nine studio flats. This, though, involved the demolition and replacement of a grade II listed skittle alley. The council has acknowledged that it acted unlawfully and has agreed the terms of a draft consent order under which planning permission and listed building consent would be quashed and the council would reconsider the applications.

Local Government Lawyer

Judge accused of bias during Surrey Heath planning case

A High Court judge has refused to recuse himself from a planning case involving Surrey Heath Borough Council after claimants accused him of bias.

Local Government Lawyer

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