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High Court, in judicial review proceedings, refuses to quash decision by planning authority to grant planning permission for the construction of a wind farm within a special conservation area of County Tipperary and finds that: (a) the applicants, as an environmentalist and a specialist crafter, do not have 'sufficient interest' to challenge the board's review processes; (b) the board's adoption process of an Environmental Impact Assessment did not fall short of the expected standards of a decision-making statutory body; and (c) the assessment procedure undertaken by the board in relation to its consideration of a specialist's report was appropriate and correctly applied EU law.
Judicial review - certiorari - challenge to grant of planning permission to construct multiple turbine wind farm in County Tipperary within a special protection area (SPA) to maintain and restore conservation of hen harrier bird - grant of permission to State bodies as notice parties - applicants as environmentalist and self-employed crafter - declaratory relief sought on three fronts - treatment by authority of 'replacement habitat' as a mitigatory rather than a compensatory measure under EC Directive - whether a failure by respondent to carry out adequate Environmental Impact Assessment - whether applicants have a sufficient interest for purpose of planning and development legislation - special habitat management plan - planning process - grounds of appeal - inspector's report - board's decision - locus standi - 'sufficient interest' criterion - no explanation for applicants' non-participation at decision making stage - no reason why issues raised could not have been raised prior to Board's decision - no impairment of any personal rights of applicants - manifestly unjust to allow applicants to stand in shoes of Department - appropriate assessment took place - authority's treatment of habitat as 'migratory' for assessment procedure was correct.
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