Unauthorised development in the quarry site at Calhame, Letterkenny, Co. Donegal,
Donegal County Council -v- P Bonar Plant Hire Limited
Court Cases
Harte Peat: High Court Injunction (March 2022)
High Court agreed to grant an injunction restraining Harte from extracting wet peat from areas of its midland bogs after finding its unregulated activities were a “material and significant” breach of EU environmental law
“Ms Justice Phelan said it is “artificial” to treat lands on either side of a road that form part of a single bog beneath the road as separate entities. When calculating the threshold, it is proper to have regard not only to the footprint of the harvesting land but also to any area which is used for purposes incidental to extraction, she said.”
Rushe & anor -v- An Bord Pleanála
Sweetman -v- An Bord Pleanála & Ors
16/06/2021
Applicant challenges the legality of the grant of planning permission for a windfarm on a large site in County Longford, part of an overall bogland area of 1,908 hectares which is approximately 11 km by 5 km east to west.
Sweetman -v- Environmental Protection Agency & anor
15/02/2019
These proceedings concern the regulation of the discharge of waste water from the combined sewer network of Youghal, County Cork.
Environmental Protection Agency -v- Harte Peat Limited & anor
Environmental Protection Agency -v- Deegan: Commercial Extraction of Peat at Timoney Bog, Cappalahan, County Tipperary
High Court
31/07/2019
Ruling: the area involved in the Appellant’s business exceeds 50 hectares; accordingly, an IPPC licence has been and is required if the Appellant is to carry out peat extraction in the course of his business on Timoney Bog.
An Taisce – The National Trust for Ireland -v- An Bord Pleanala & ors (Glambia Cheese Plant, Kilkenny)
16/02/2022
Active European Commission Infringement Cases
Open Cases
Link to search all cases
Lough Funshinagh Case
2021 No. 1097 J.R. BETWEEN
FRIENDS OF THE IRISH ENVIRONMENT CLG
APPLICANT
AND
ROSCOMMON COUNTY COUNCIL
IRELAND AND THE ATTORNEY GENERAL
RESPONDENT
EX TEMPORE JUDGMENT delivered by Mr. Justice Garrett Simons on 28 January 2022
This ruling is delivered in respect of an interlocutory application seeking to restrain the carrying out of development works pending the hearing and determination of these judicial review proceedings. The proceedings question the validity of an order made by the chief executive of Roscommon County Council on 14 October 2021. I will refer to this order as “ the impugned order”. The impugned order purports to authorise the carrying out of what is described as interim flood relief works.