Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Judicial review of planning approval for major solar farm dismissed due to lack of prejudice and sufficient property interests
|
or click here to request site subscription to search and view all judgments |
The High Court dismissed judicial review proceedings challenging the grant of planning permission for the development of a large solar farm. The applicants—local residents and a sporting club—argued that the planning application should have been deemed invalid due to alleged failures around consent of rights-holders and omission of wayleaves from application documents. The Court rejected these arguments, finding that planning regulations only require consent from the legal owner and that omissions regarding wayleaves or rights of way, in the absence of proven prejudice, do not render an application invalid. Additionally, the Court determined that technical or procedural errors without actual prejudice are not grounds to quash a planning decision. Ultimately, none of the grounds advanced by the applicants warranted relief and the case was dismissed.
judicial review – planning permission – solar farm development – wayleave – sporting rights – legal owner consent – property rights – procedural fairness – Planning and Development Act 2000 – Planning and Development Regulations 2001 – Environmental (Miscellaneous Provisions) Act 2011 – burden of proof – standing – harmless error – discretionary relief – Order 84 RSC – An Coimisiún Pleanála
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.
