Reference for a preliminary ruling from Supreme Court (Ireland) made on 3 April 2017 – Edel Grace, Peter Sweetman v An Bord Pleanala

(Case C-164/17)

Language of the case: English

Referring court

Supreme Court

Parties to the main proceedings

Applicants: Edel Grace, Peter Sweetman

Defendant: An Bord Pleanala

Question referred

Where

a protected site has as its essential purpose the provision of habitat for a specified species

the nature of the habitat which is beneficial for that species means that the part of the site which is beneficial will necessarily alter over time, and

as part of a proposed development a management plan for the site as a whole (including changes to the management of parts of the site not directly affected by the development itself) is to be put in place which is designed to ensure that, at any given time, the amount of the site suitable as habitat as aforesaid is not reduced and indeed may be enhanced; but

some of the site will, for the lifetime of the development project, be excluded from having the potential to provide appropriate habitat,

can such measures as are described in (c) properly be regarded as mitigatory?

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