CELEX: 62017CN0164
Language: en
Date: 2017-04-03 00:00:00
Title: Case C-164/17: Reference for a preliminary ruling from Supreme Court (Ireland) made on 3 April 2017 — Edel Grace, Peter Sweetman v An Bord Pleanala

6.6.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 178/11
            
         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)
   (2017/C 178/13)
   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)
            
            
               a protected site has as its essential purpose the provision of habitat for a specified species
            
         
               b)
            
            
               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
            
         
               c)
            
            
               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
            
         
               d)
            
            
               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?