As outlined in an earlier Cork City Council press statement (Tuesday October 2), the Morrison's Island Public Realm and Flood Relief Scheme was back in court today, Tuesday October 16.
Cork City Council and Save Cork City have jointly agreed to a judicial order that quashed the 14 May 2018 approval in relation to the Public Realm and Flood Defence Project at Morrison’s Island in Cork City on the grounds that Cork City Council “failed to comply with its obligations in relation to appropriate assessment under article 6 of Directive 1992/43/EEC (hereinafter “the habitats directive”) and in particular as set out in the European Communities (Birds and Natural Habitats) Regulations 2011 by taking into account mitigation measures in the screening for appropriate assessment”.
Cork City Council’s agreement to this order, as outlined in our earlier press statement, follows on from a European Court of Justice (CJEU) ruling* which overturned established practice in Ireland and across Europe and has, as a consequence, made it necessary for Cork City Council to undertake a new environmental screening of the Morrison’s Island Public Realm & Flood Defence Project.
The original environmental screening report for the Morrison’s Island project was completed in March, a month before the CJEU decision. At the time of signing the report, it was in full compliance with all existing and established processes and procedures. It was also in line with established interpretation of Article 6 prior to the CJEU judgement.
This new AA Screening has not been undertaken due to a flaw or error in either the Part 8 documentation or the processes undertaken which at the time followed the established processes of many years. The CJEU decision in effect overturned established practice both in Ireland and across Europe.
Due to the revised interpretation of Article 6 following the CJEU decision, Cork City Council must undertake a new environmental screening process (termed ‘appropriate assessment’ (AA)). And, as a result, Cork City Council is not proceeding with the Part 8 planning process.
The new AA screening will be completed as soon as possible. Upon completion of the AA process, the Council will immediately submit the Morrison’s Island project to An Bord Pleánala (ABP) for planning permission through the Part 10 planning procedure.
*The Court of Justice of the European Union(CJEU) Case which has led to this outcome is case number C- 323/17 - People Over Wind, Peter Sweetman v Coillte Teoranta.
