Frank Fahey (Galway West, Fianna Fail)
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Question 277: To ask the Minister for the Environment, Heritage and Local Government the details of the Supreme Court appeal relative to the Galway city outer bypass; the specific points of law on which the appeal was allowed; and if the appeal has as yet been lodged. [11777/10]

John Gormley (Dublin South East, Green Party)
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This case involves planning consent for the construction of a road through a Special Area of Conservation and concerns the proper interpretation of Article 6.3 of the Habitats Directive (Council Directive 92/43/EEC). In judicial review proceedings of the Board's decision, in which it was a co-respondent, the State took a position that An Bord Pleanála had erred in its interpretation of Article 6(3) and that the legally correct course would have been to deal with this case under the derogation provisions of Article 6.4 of the Habitats Directive.

On 9 October 2009, the High Court upheld the Board's decision. However, leave for the State to appeal the decision was granted on 6 November 2009 on the basis that the issue involved a point of law of exceptional public importance. The State lodged its grounds for appeal, in regard to the interpretation of Article 6(3) of the Habitats Directive, earlier this week.