Court finds procedural errors in wind farm planning but upholds permission

The High Court reviewed An Bord Pleanála's decision to grant planning permission for a wind farm, focusing on procedural issues related to environmental assessments. The applicant, an environmental NGO, argued that the Board failed to adequately assess the impact on the Hen Harrier, a protected species, and did not properly publish the Environmental Impact Assessment Report (EIAR) on its website. The court found that while the Board's publication of documents was flawed, it did not invalidate the decision. The court granted declaratory relief for the publication issue but upheld the planning permission, noting the applicant failed to demonstrate significant prejudice or a flawed assessment process. The court also considered the discretion to refuse relief despite procedural errors, emphasising the need for a lacuna-free appropriate assessment as a jurisdictional prerequisite.