The Save Roscam Peninsula campaign notes the decision of the High Court to refer key questions on the issue of protection of costs in the judicial review of An Bord Pleanála’s decision to grant permission for 102 units on the former Par 3 Golf Course at Rosshill to the European Court of Justice.
The question of costs protection relating to the interpretation of European law principles is being referred to the European Court of Justice (CJEU) along with other cases that raise similar issues.
The proposed development by Alber Developments Limited involved 102 units on the site, which is located close to two European protected sites (Galway Bay SAC and Inner Galway Bay SPA) and the nearby Roscam Folly.
In a recent submission to the Draft City Development Plan 2023-2029, Alber Developments Limited has sought the removal of the environmental sensitivities’ designation on the site and the rezoning of the lands for the construction of more than 700 units.
In a further development, in its submission to the Draft City Development Plan 2023-2029 the Office of the Planning Regulator (OPR) has directed the City Council to review its approach to LDR Low Density Residential zoning and omits previously zoned areas on the Roscam Peninsula, including lands on the former par three golf course, due to lack of services, existing high concentration of on-site wastewater treatment adjacent to areas of very high environmental sensitivity such as the Galway Bay SAC and Inner Galway Bay SPA.
The referral of the questions of protection of costs are expected could take up to 15 months or more to be adjudicated on by the European Court of Justice in Luxembourg .
The judgement can be viewed at https://www.bailii.org/ie/cases/IEHC/2022/2022IEHC202.html