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Solar-farm decision clarifies scope of EIA Directive

A briefing note by A&L Goodbody lawyer Jason Milne has examined the Supreme Court dismissal of an appeal by Co Offaly residents challenging the validity of a decision by An Bord Pleanála to grant planning permission for a photovoltaic solar farm on a 90-hectare site.

The appeal raised important issues concerning the proper interpretation and application of the Environmental Impact Assessment (EIA) Directive and the domestic legislation that gives effect to it, the note states.

Full EIA

The appellants argued that the proposed development restructured rural land holdings and hedgerows under the EIA Directive and that there should be a full EIA of the entire solar-farm project.

They also stated that the EIA Directive had not been properly transposed.

The Supreme Court rejected their case and upheld a High Court decision that found that the transposition challenge was misconceived and the appellants had not made their case correctly.

Restructuring of rural land holdings did not trigger the obligation to have an EIA for the entire solar-farm development under the directive, the Supreme Court found.

The Supreme Court also found that the EIA Directive did not require the centralisation of EIA functions in relation to a project into a single authority or into the regular planning process.

Effective assessment

It also found that the minister could, in principle, carry out an effective assessment under the EIA Directive in accordance with the 2011 regulations.

ALG environmental and planning partner Jason Milne writes that the Supreme Court decision clarifies the scope and application of the EIA Directive and the domestic legislation that implements it.

It confirms that the EIA obligation only applies to the projects listed in Annex I or II of the directive, not to any wider project that may include or involve such projects.

The decision also confirms that the EIA Directive does not preclude the existence of dual or multiple consent regimes for projects that may have significant effects on the environment, as long as the relevant competent authorities comply with the requirements of the directive and the national law that gives effect to it.