Board failed to provide sufficient reasons for rejecting submissions regarding employment and designation as a strategic employment zone

Planning and development – judicial review – challenge to decision granting planning permission for facility which would produce renewable energy and organic fertiliser through anaerobic digestion of farm by-product including silage, manure and chicken litter – alleged material errors - Development Plan - finding that there is no material contravention - inspector’s report and Order of the board - validity of decision regarding Zoning - conformity with the development plan - reasons and consideration by the board of relevant matters - Board failed to provide sufficient reasons for rejecting the submissions made regarding employment and designation as a Strategic Employment Zone - irrelevant considerations - Board did rely on an irrelevant consideration, namely the absence of significant adverse environmental effects, in deciding whether or not the proposed development was consistent with the zoning - Environmental Impact Assessment Report - impact on bats and the removal of hedgerows – court not satisfied that the finding that no bat commuting pathways would be severed by the proposed development is unsupported by evidence - cumulative effects - Article 114 of the Planning and Development Regulations 2001 as amended - as the Board has not published the EIAR on its website, there has been a breach of the obligation under Article 114 – whether it is appropriate to make a declaration - do not find that there is a compelling reason to refuse to grant a declaration – High Court quashes the decision granting planning permission – Court makes declaration that the obligation in Article 114 of Planning and Development Regulations 2001 (as amended) to publish an EIAR received by An Bord Pleanála in connection with an appeal is not limited to appeals where the Board had required the submission of the EIAR under Article 109 of the Regulations –