The Court of Appeal applied a very recent ruling (3 March 2011) of the CJEU Case C-50/09 Commission v Ireland and ruled that: (i) the demolition of buildings and other structures is capable of constituting a project falling within Annex II of the EIA Directive; and (ii) as a result paragraph 2(1)(a)-(d) of the Town and Country Planning (Demolition – Description of Buildings) Direction 1995 (the Direction) is unlawful and should not be given effect. The effect of the decision is that the demolition of buildings (save for those smaller than 50 cubic metres or the whole or any part of any gate, fence, wall or other means of enclosure, see paragraph 2(1)(e)-(f) of the Direction) is no longer excluded from the definition of development under the Town and Country Planning Act 1990 and is thus subject to prior approval under Part 31 of Schedule 2 of the General Permitted Development order and potentially subject to EIA screening.