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High Court dismisses challenge to determination of An Bord Pleanála granting planning permission for an electrical infrastructure project in Laois/Kilkenny, on the grounds, inter alia, that: (i) the Board carried out a proper Environmental Impact Assessment; (ii) an Appropriate Assessment pursuant to the Habitats Directive was not required once the Board concluded, on the back of objective scientific evidence, that the development would not have an adverse impact on a Special Area of Conservation in the locality; and (iii) the Board was entitled to refuse to award the applicants their costs of participating in the planning process.
Judicial review - certiorari - decision of An Bord Pleanála ("the Board") - s. 182A(1) of the Planning and Development Act 2000 - approval of development relating to electricity transmission - first applicant is a group of local residents objecting to development - second applicant is unincorporated body objecting to development - EirGrid Plc is notice party - Strategic Environmental assessment carried out - subsequent to SEA, EirGrid applied for planning - Natura Impact Statement - approval in April 2014 - leave for review granted June 2014 - s. 172(1H) of the PDA, 2000 - whether proper Environmental Impact Assessment carried out - whether Board was entitled to depart from one aspect of Inspector's report - whether report was deficient for failing to deal with potential future wind farm project - whether Board gave sufficient reasons - Habitats Directive - whether Appropriate Assessment needed - whether proposed development would adversely affect the integrity of a European site - whether application properly advertised to public - whether decision of the Board irrational - whether standard test as regards irrationality (that it flies in the face of reason) is too extreme - human health - leukemia - costs - whether Board has discretion to make order of nil costs following planning process - proceedings dismissed.
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