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Challenge to 2018 decision concerning electricity grid connection was out of time
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High Court refuses to quash a 2018 declaration by An Bord Pleanála that the construction of a grid connection between a windfarm and an electricity sub-station was exempted development, on the basis that: (a) the proceedings were an impermissible collateral challenge to an earlier determination made in 2015; and (b) the notice party had been entitled to rely on the earlier determination, even if it was found to have offended the rule against 'project splitting' (i.e. considering the grid connection separately from the overall windfarm project).
Exempted development - Directive 2011/92/EU - applicant seeking order of certiorari quashing an order declaring that the construction of a grid connection was exempted development - whether the declaration was in breach of directive 2011/92/EU - proceedings impermissible collateral challenge to the 2015 declaration
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