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The High Court dismissed a judicial review brought by local residents seeking to quash planning permission for a large wind farm, finding that although there was a technical error in how the planning authority considered the provisions of a previous development plan following ministerial intervention, this was not sufficient to justify overturning the permission. The court emphasised the pressing need for renewable energy infrastructure and found no tangible environmental harm was argued or proven to have resulted from the error. The judgment clarified that minor procedural missteps or technicalities, especially those arising in complex planning law contexts involving ministerial directions and evolving policies, will not automatically lead to a quashing order if the outcome would have been the same. Relief was refused on all grounds relating to the main planning permission, with certain other issues left to be determined in subsequent modules.
judicial review – planning permission – wind energy – renewable infrastructure – development plan – ministerial direction – technical error – environmental impact assessment (EIA) – appropriate assessment – discretionary relief – harmless error doctrine – Climate Action Plan – Planning and Development Act 2000 – costs order – public participation
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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