The Supreme Court has granted us leave to appeal High Court decision
In June 2021 the High Court dismissed our appeal but referred the below points we made to the European Court for clarification.
1. Whether the general principles of supremacy of EU law have the effect that a rule of domestic procedure should be read in conjunction with the Aarhus Convention as an integral part of the EU legal order
2. Whether domestic procedural rules against “hypothetical” challenges are valid in the context of challenges based on EU law where there is a reasonable possibility of future damage
3. Whether the derogation licence system provided for in domestic law should be integrated within the planning process and whether a derogation licence should be applied for following the grant of development consent, and
4. Whether public participation should be provided for in the derogation licence process.
The Supreme Court has decided to hear our appeal against this decision.
What this means
The European Court will probably take 18 months or so to make a determination and it is likely that the Supreme Court will wait until this is received before hearing our appeal. It also means the proposed development cannot go ahead until the appeal is heard and the Supreme Court has delivered its judgement
Fundraising
As there are ongoing costs in relation to both of these cases, we will be continuing our fundraising efforts. We have beautiful A5 cards exclusive to HMRA designed by artist Cath Hodsman of the Marsh Fritillary Butterfly on Devil’s-bit Scabious. We are selling them in Packs of 4 for only €10.00. Available on our website (see link below).
Our 2022 Calendar was a great success. We still have some available at https://www.savethehellfire.com/how-you-can-help. It’s also available at the Country Store & Cafe at Timbertrove and Rathfarnham Book shop.
To make a donation please click the below link:
https://www.idonate.ie/4042_save-the-hellfire.html
We thank you for your continued support and hope you can help us again today!
Kind Regards,
Frank Doyle
Chairman
Hellfire Massy Residents Association
& the Committee of the Save the Hellfire Campaign