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The High Court dismissed a challenge by local residents and an environmental group seeking to quash planning consent for a 7-turbine wind farm development. The applicants raised multiple grounds, including a claimed lack of landowner consent, alleged insufficient environmental and health impact assessments (especially on sensitive individuals), inadequate public access to information, and improper consideration of project components. The court held that the applicants failed to meet the onus of proof in showing substantive defects in the planning decision, with most complaints amounting to disagreements with the merits rather than legal validity. The decision affirms that procedural or evidential shortcomings must be material to warrant certiorari, and unresolved issues relating to an amendment of the permission and a constitutional ground will proceed to a further module for determination. No order as to costs was made at this stage.
judicial review – planning permission – wind energy development – environmental impact assessment (EIA) – shadow flicker – noise impact – public consultation – landowner consent – Planning and Development Act 2000 – Planning and Development Regulations 2001 – Aarhus Convention – strategic infrastructure development – onus of proof – harmless error – proper planning and sustainable development – environmental protection – costs protection – module approach in proceedings
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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