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High Court refuses application for certificate of leave to appeal the court's prior decision in which it refused to quash the decision of the respondent to grant planning permission to a limited company for the building of wind turbines in County Tipperary, in circumstances where: a) the applicants' intended arguments on appeal represent a restatement of arguments already raised at trial; and b) there exists no points of law of exceptional public importance which would necessitate the granting of a certificate pursuant to the applicable planning and development legislative regime currently in place.
Application for certificate for leave to appeal - court's prior refusal to quash decision of respondent to grant planning permission to limited company to build wind turbines in Tipperary - applicable legal principles of application - planning and development legislation - questions raised in certificate deal with respondent's jurisdiction to consider validity of planning application and the relationship between an environmental impact assessment report and the respondent's own inspector's report - questions constitute a restatement of arguments already made before trial court - test of whether there exists a point of law of exceptional public importance - applicant's strongest argument already considered by court of trial - ministerial guidelines - detailed written submissions already prepared for trial - no basis for certification of applicants' intended arguments - law not uncertain - not desirable in public interest - certificate of leave to appeal refused.
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