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High Court refuses judicial review of decision by An Bord Pleanala to grant planning permission for development of significant wind farm, on the grounds that: a) the board had properly and adequately analysed and interpreted the various facts before it, including an inspector's report and an Environmental Impact Assessment; and b) the applicant had failed to establish any degree of irrationality or manifest error on the part of the Board in coming to the conclusions it did.
Judicial review - application to quash planning board's decision granting planning permission to wind turbine company in County Offaly - development of wind turbines and ancillary developments - whether board in breach of EU Directives - County wind strategy - environmental impact assessment - County Manager's recommendations - Inspector's report - whether a failure to properly carry out EIA - statutory framework - EU Habitat's Directive - nature and purpose of screening process - appropriate assessment and its requirements versus an EIA - principles guiding judicial review - irrationality test - board's decision-making process - examination, analysis and evaluation established - concern over public health, noise and property values - whether the 'manifest error' test is applicable - inspector's report - no agreed standard for shadow flicker impact - no evidence of a manifest error - no evidence before board of effect on local or Irish house prices as a result of wind farms - site not a designated European site under Habitat's Directive - status of whooper swan - no classified as part of a qualifying interest for special protection - mitigation measures - proposals of developer - board entitled to consider - failure to discharge onus of proof - dismiss.
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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