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The High Court dismissed a judicial review challenge brought by local residents against the grant of planning permission for a large-scale solar energy development with battery storage in a rural area. The court found no error in the planning authority's or the national planning commission's decision not to require a mandatory Environmental Impact Assessment (EIA), rejecting arguments that internal site access tracks constituted 'private roads' requiring such an assessment. The claim that the planning documents were inadequate and that the planning authority had relied on an invalid development plan due to an outstanding ministerial draft direction was also rejected for lack of evidence and insufficient pleading. The court further held that, even if there had been a technical breach, it would decline to grant relief due to a lack of demonstrated prejudice and strong public interest in supporting renewable energy infrastructure. All reliefs sought were refused and the proceedings were dismissed.
judicial review – planning permission – solar farm – battery storage – renewable energy – Environmental Impact Assessment – EIA Directive – Planning and Development Act 2000 – Planning and Development Regulations 2001 – internal access tracks – private roads – public participation – development plan – draft ministerial direction – standing – onus of proof – discretion to grant relief – proportionality – Climate Action and Low Carbon Development Act 2021
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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