The High Court dismissed a series of judicial review grounds challenging a planning authority's decision to grant permission for a large solar farm development near a protected area. The applicants, including local residents and a local club, argued that the relevant authority failed to properly consider development plan objectives, inappropriately relied on financial viability, did not seek adequate further information (particularly on heritage and ecological impacts), and breached requirements under both domestic and European environmental law, especially in relation to otter and freshwater mussel habitats and environmental impact assessment (EIA) screening. The court found that the authority had adequately considered the development plan, that financial viability was a legitimate factor, that no further information was unlawfully omitted, and that the assessments provided did not demonstrate scientific doubt. The court also decided that the internal gravel access tracks did not meet the threshold for mandatory EIA as 'roads' under relevant legislation and EU law. The parties remain to argue two outstanding grounds, while costs are reserved.
judicial review – planning permission – solar farm – environmental impact assessment (EIA) – appropriate assessment (AA) – development plan – financial viability – habitats directive – otter – freshwater pearl mussel – screening determination – access tracks – Waterford City and County Council – An Bord Pleanála – Planning and Development Act 2000 – Planning and Development Regulations 2001 – EU law – costs reserved