Date
March 2, 2022
COURSE DELIVERY
Virtual
START TIME
9.30am
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Course Description

This course will provide guidance in relation to the law surrounding Environmental Impact Assessments, and AA &Habitats cases. We will explore some of the more recent EIA cases in the Irish Courts, as well as key cases regarding AA & Habitats in both Ireland and the EU. We will look at the key things you really need to know about the EIA directive 2014/52/EU, and we will examine IROPI (Imperative Reasons for Overriding Public Interest) in the context of the AA process including topical IROPI case studies, and more.

On top of the legal side we will examine practical solutions to common issues that can arise in these areas, both legal, scientific and practice, and will enhance your existing understanding of the key issues in this challenging area. You will take home a highly informative course pack that you can refer back to.

Course Content

  • Environmental Impact Assessment
  • New EIA Directive 2014/52/EU – The key things you need to know
  • European Union (Planning and Development)(Environmental Impact Assessment) Regulations 2018 - updates and changes introduced (pre-screening, EIA Portal, competency of experts)
  • Recent cases:
  • O’Sullivan v An Bord Pleanála (cumulative assessment – wind farm)
  • Alen-Buckley v An Bord Pleanála  (assessment of alternative options)
  •  Daly v. Kilronan Wind farm (exemptions)
  • Holohan v. An Bord Pleanála  (Road, main alternatives, baseline)
  •  Fitzpatrick v. An Bord Pleanála(cumulative assessment, future development) 
  • In focus:
  • Population and Human Health assessment – guidance from the UK
  • Cumulative Impacts
  • “Reasonable” Alternatives
  • Mitigation and Monitoring
  • Appropriate Assessment
  • Recent cases:
  • Decision of the CJEU in Case C-164/17 Graceand Sweetman v ABP (Windfarm, mitigation or compensatory measures)
  • People Over Wind v. Coillte (Windfarm, mitigationmeasures at screening)
  • Kelly v An Bord Pleanála (SUDS at screening), Dunne v Offaly County Council, Heather Hill Management Company Clg vAn Bord Pleanála
  • Decision of the CJEUin Case C-461/17Holohan v. An Bord Pleanála  (Road, alternatives, qualifying interests, post consent survey)
  • Remedial Obligations (Friends of the Irish Environment v An Bord Pleanála, Case C 411/17 Inter Environnement Wallonie) 
  • Article 6(3) and 6(4) process:
  • Common pitfalls
  • Adverse effects on the integrity of a     Natura 2000 site
  • Certainty and the AA Process
  • Mitigation vs Compensation
  • Article 6(4) – alternatives, compensatory measures and IROPI
  • IROPI – cases studies

Who Should Attend

This seminar is intended for people who have experience with the preparation of plans and projects involving Environmental Impact Assessment and Appropriate Assessment, and would also be of interest to those who may have attended CMG Training’s previous EIA/AA seminars.

Certification

On completion of this one-day training course, you will receive your Certificate of Attendance. Please note certificates are issued at the close of the training course to participants on completion of the course. Please check directly with your association or awarding body to see how many points they will award.

Cost

An ‘Early Bird’ discounted rate of €465 is currently available. This training course normal rate is €565. Places are limited and are allocated on a first come first served basis. PLEASE NOTE THE EARLY BIRD RATE CLOSES 3 WEEKS PRIOR TO COURSE DATE. The course cost includes all course documentation and Certificates.

Tutor

Sinéad Martyn
Associate, McCann Fitzgerald Solicitors
Mark Aherne
Associate, McCann Fitzgerald Solicitors

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