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High Court, in judicial review proceedings, refuses application to quash decision by planning board on appeal to grant planning permission for the development and construction of ten wind turbines in County Kerry, on the grounds that: (1) an appropriate assessment was conducted and considered by the board in its written decision; (2) the environmental impact assessment did adequately consider the issue of 'noise' and it impact on the surrounding area; and (3) the board gave extensive and cogent reasons for departing somewhat from the county development plan in place at the time.
Judicial review - certiorari - grant of planning permission for proposed construction of ten wind turbines - whether a failure to carry out/or record any appropriate assessment/environmental impact assessment - whether a failure to give reasons for decision's on appeal - appropriate assessment was in fact carried out - board relied upon and adopted their inspector's A.A screening assessment - no lacuna in information presented to board - whether environmental assessment conducted was inadequate because of an alleged failure to deal with issue of noise - perspective by which a planning decision must be looked at - intelligent person who has taken part in appeal or has been appraised of the issues - board considered issue of noise and gave adequate reasons in relation to it - alleged material contravention of development plan - extensive and cogent reasons given by board for departing from aspects of plan - discrete issues - whether failure to screen application for a 'Stage 2 A.A" determinative of issues - board's decision clear and properly reasoned - application refused.
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