Reference for a preliminary ruling from the High Court (Ireland) made on 5 January 2022 — NJ, OZ v An Bord Pleanála, Ireland, Attorney General

(Case C-9/22)

(2022/C 158/06)

Language of the case: English

Referring court

High Court (Irlande)

Parties to the main proceedings

Applicants: NJ, OZ

Respondents: An Bord Pleanála, Ireland, Attorney General

Notice party: DBTR-SCR1 Fund a Sub Fund of TWTC Multi-Family ICAV

Questions referred

1. does article 2(a) of directive 2001/42/EC (1) have the effect that the concept of ‘plans and programmes … as well as any modifications to them … which are subject to preparation and/or adoption by an authority at national, regional or local level…’ include a plan or programme that is jointly prepared and/or adopted by an authority at local level and a private sector developer as owner of adjacent lands to those owned by a local authority.

2. does article 2(a) of directive 2001/42/EC have the effect that the concept of ‘plans and programmes … as well as any modifications to them … which are required by legislative, regulatory or administrative provisions’ includes a plan or programme that is expressly envisaged by a local authority’s statutory development plan (that development plan having been made under a legislative provision) either in general or where the development plan states that the local authority ‘will prepare area-specific guidance for the strategic development and regeneration areas … using the appropriate mechanisms of local area plans … schematic masterplans and local environmental improvement plans’.

3. does article 3(2)(a) of directive 2001/42/EC have the effect that the concept of ‘plans and programmes … which are prepared for agriculture, forestry, fisheries, energy, industry, transport, waste management, water management, telecommunications, tourism, town and country planning or land use and which set the framework for future development consent of projects listed in annexes I and II to directive 85/337/EEC (2) …’ includes a plan or programme that is not in itself binding but which is expressly envisaged in a statutory development plan which is binding, or which proposes or envisages in effect a modification of a plan that was itself subject to strategic environmental assessment.

4. whether article 2(1) of directive 2011/92/EU (3) has the effect of precluding regard being had by the competent authority in the process of environmental impact assessment to mandatory government policies, in particular those which are not based exclusively on environmental criteria, being policies that define in certain circumstances situations where a grant of permission is not to be ruled out.

(1) Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ 2001, L 197, p. 30).

(2) Council Directive of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (OJ 1985, L 175, p. 40).

(3) Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ 2012, L 26, p. 1).