The EU habitats directive: Making the article 6 assessments,the case of Ballyseedy Wood

The Habitats Directive requires that projects likely to have a detrimental impact upon a protected habitat must be subject to an assessment of that impact. If that assessment is negative the project may only proceed if there is an absence of alternative solutions and, if there are no alternatives, where there are imperative reasons of overriding public interest. This article looks at the interpretation of those assessments and their practical implications for a road improvement project in County Kerry in the west of Ireland. The Ballyseedy Wood case demonstrates the level of protection from development now afforded to designated wildlife sites by the European Union.