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The High Court held that the planning permission for a 13-turbine windfarm project was granted in breach of environmental law due to a failure to give proper public notice of the environmental impact assessment for the integrated project, which included significant grid connection works. However, the court declined to quash (certiorari) the permission but instead made a declaration of non-compliance, as no works will proceed without further permissions for the grid connection, at which stage a new and complete environmental assessment and public notice must be made. The court found that any potential harm arising from the defect would be remedied by this future process, rendering the error harmless in the unique circumstances of the case.
planning permission – environmental impact assessment – public notice – wind farm – integrated project – grid connection – judicial review – certiorari – declaration of non-compliance – harmless error doctrine – O’Grianna principle – public participation – Planning and Development Act 2000 – EIA Directive (2014/52/EU) – Council Directive 92/43/EEC – Planning and Development Regulations 2001
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