Friends of the Earth Ltd’s Application for Judicial Review, Re Court of Appeal (Northern Ireland), [2017] NICA 41

Paragraph 23:  The requirement for EIA and Habitats assessments applies with the finding of likely significant impact on the environment. The Department required the cessation of operations, which operations continued, the Department then issued an Enforcement Notice, which did not result in the cessation of operations. The appeal to the PAC neutralised the Enforcement Notice and the operations could continue until the decision of the PAC. The Department had to consider whether to issue a Stop Notice. The appellants secured an extension of time for the submission of environmental information so it was clear that a PAC decision would take some time. Retrospective planning permission might be granted but operations would continue in the meantime. Prospective planning permission was eventually sought. The impact of the ongoing operations had been assessed as likely to be significant but it remained the position that the impact was not known. Thus the Minister had to decide if the operations should continue in the circumstances.

 R (Ardagh Glass Ltd) v Chester City Council [2010] EWCA Civ. 172 (distinguished)